January 29, 1969 15 Cents Is Given
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Judge's opinion cites public notice SAMPLE COPY Zoning ordinance validity to be tested The St. Johns city commission temporarily to provisions of an review of asuitby the city brought ness rezoned to allow construc by the city. However, according the proposed ordinance by city merely to resolve the issues sur learned Monday night that a zon earlier ordinance adopted in against Lawrence andJoyceKar- tion of additional facilities. Ac to Judge Bebau's statement, there residents. rounding actions evolving from ing ordinance currently being ad 1944. ber, doing business as Karber cording to the written decision by is reason to doubt the validity of Judge Bebau expliclty states in Karber's original request for hered to may be invalid and, Former City Attorney William Block & Tile Co. Judge Bebau, Karber applied for the present zoning ordinance be his statement that the decision in zoning redeslgnation. pending final judgment by Cir Kemper addressed the commis The action centered on Kar- a redesignatlon after the alleged cause of Improper public noti no way attempts to determine the cuit Court Judge Leo Bebau, the sion advising them of the opinion ber's desire to have sections of effective date of the current or fication of a hearing conducted to wisdom or desirability of the con According to City Attorney city may be forced to return rendered by JudgeBebau after his land near his block and tile busi dinance and was denied a change obtain objections or support of tents of the zoning ordinance, but Paul Maples a final judgment In the case has yet to be made and the city will have opportunity to appeal or to accept the judgment if it follows the initial decision. In the latter case, the city then must decide whether to revert to the 1944 ordinance or to begin procedures for adopting the newer ordinance in a manner which would satisfy legal re quirements. City Commissioners agreed to conduct a special meeting Wed nesday Jan. 29 in efforts to reach a decision. Maples and City Clerk Tom Hundley stated after the meeting that at present the city still con sidered the newer ordinance to be THREE SECTIONS-56 Pages in effect until a final judgment 113th Year, No. 40 St. Johns, Michigan - Wednesday, January 29, 1969 15 Cents is given. "We'll have twenty days Plus 4-Page Supplement from the date of the judgment to appeal," Maples said. During the course of his com ments to the commission, Kem per indicated his willingness to proceed as the counsel of record HAROLD H. W. WELLMAN St. Johns officers foil jailbreak try in the matter which was initiated during his tenure as city at torney. An attempted break by two in the time their plan was St. Johns Automotive. Ban mates of the Clinton County jail uncovered. The chain of events apparently In other action Monday night was foiled last Friday by the Arrested in connection with the began last Wednesday when Mrs the council acted favorably on alertness of St. Johns Police attempted jail break was Mrs Kimbrue and two friends visited dating amendments to municipal President Chief Everett Glazier and of Linda Kimbrue, 23, of 5525 N. Gorman and Peters who request financing applications which when ficer Robert Ott. Their piecing State Street, Owosso, a sister of ed their personal effects be re completed will provide the city The new president of Central together circumstancessur- Gorman. Mrs Kimbrue demanded leased to the visitors. That same with a $60,000 loan. The basic National Bank officially took of rounding a suspicious looking examination when arraigned Sat afternoon Chief Glazier and of action was approved at an earlier fice this month at the annual auto led to the planned escape urday Jan. 25 before District ficer Ott noticed a car parked session this month. shareholders' meeting Jan. 15. and brought about the arrest of Magistrate Gordon Willyoung and near the jail with two tickets He is Harold H.'w. Wellman. an Owosso women who has been examination was set for Feb. 4 secured to the windshield. After As president, Mr Wellman will charged with aiding and abetting at 9:30 a.m. She was then placed checking the ownership and de- A request by K & H Refuse also serve as chairman of the a jailbreak. in the county jail In lieuof$5,000 terming the car belonged to Gor Service for the city to accept a board of the bank. bond. man, the officers obtained a service bond smaller than one Foiled in their attempt were agreed to in an initial contract Prosecuting Attorney Patrick search warrant. Robert L. Gorman, 26, of New was tabled and Maples was in Kelly explained that Gorman and THE MEDICAL OFFICES of Lothrup and James D. Peters, According to reports, the car structed to secure further in Peters had been confined in the Dr H. J. DeVorewillbe closed 24, of Owosso. The pair had al contained the men's personal formation. K & H requested their jail following their inability to Feb. 1. New offices at 907 S. ready removed one section of cell items, blankets, an extra set ol bond be lowered from $5,000 to post a bond of $2,500 in connec US-27 will open Feb. 3. bar with hacksaw blades which license plates, groceries, two $2,000 and a suggestion by Com tion with a Jan. 14 break-in at had been smuggled into the jail at automatic pistols and about $40 missioner Jean Rand to accept in cash. the lower figure along with speci fied equipment as a bond prompt On Thursday, when the two men ed the final direction. were returned, from District Ted Malone to Court where they had appeared in Another item tabled temporar **•- connection with several break- ily was the determination of 8 ins at Ovid business "places on " .policy regarding operation of the speak at SCD meet Jan. 14, District Judge Roland city park. Essentially the com Duguay set their bond at $15,000 mission agreed to operate the each and bound them over to cir facility in a manner similar to The annual meeting of the Clinton cuit court. They were then placed Pictured above are the items found in an auto owned by Robert last year but desired details of County Soil. Conservation district is in separate cells. L. Gorman, one of two prisoners who attempted to break free from their previous policy before slated for this Saturday beginning at granting final action. 11 a.m. in the Pewamo-Westphalia Following this confinement of the Clinton County Jail last Friday. The auto contained a supply High School. ficers began a methodical search of groceries, personal clothing, money, watches, guns and a change An agreement was entered in to with Searles Excavating Co. to Featured guest for the occasion is of the cell formerly occupied by of license plates. Alert police action by several officers prevented Ted Malone, well known radio per the pair and discovered that a complete sewer, lateral lines, sonality. Mr Malone, who is called ten and one-half Inch cell bar had the men from making what appeared to be a well planned "break." grading and curb and gutter work "Farmer Peet's Roving Reporter", will been sawed completely free and for an approximate sum of $5,- address the gathering as the principal had been replaced with a glue- 500. A like amount was to be speaker. Hke substance fashioned from a posted by Searles as a perform Other entertainment will be provided bar of soap. Officers said It was ance bond. by the Pewamo-Westphalia band. a very neat job.- Further investi k Road A brief discussion relative to A special supplement in connection gation brought about discovery of worK nears the removal of a house owned by with the annual meeting Is part of this eight hacksaw blades hidden in the city on Spring St. prompted week's Clinton County News. TED MALONE the shower drain. acceptance of a motion to re- d . quest bids for such work. Bids Sheriff Percy Patterson stated that the men would have had to normal work scheauimg would be based on removal of the Work schedules of the Clinton the commission for the period Other provisions call for in house only with necessary filling cut through one more bar before County Road Commission are ap they were on strike but Chair crease of 16f and 15$ per hour having an area large enough to and grading to be completed by proaching near normal oper man Paul Nobis pointed out the on Jan. 1, 1970 and Jan. 1, the city. escape the cell. They then would ations this week following agree error in this belief. "We did 1971, respectively. The Initial Chief Maier presents city fire report have been on the catwalk sur ment Jan, 17 of provisions of a not settle for payment of salary pay increase makes the new rounding the cells but would still new contract between Local 794, during the time the men were on wage rates range from $2.78 have had to saw through steel American Federation of State, strike," Nobis explained. "The i'Very St. Johns Fire Chief Clare E. year, the truck would be clas sponded to by 1,003 men averag per hour in the lowest bracket grill work covering an outside County and Municipal Employees contract is effective January Maier appeared before the city sified as a hose truck and not ing 15.67 men per fire. to $3.33 in the highest. window before they could have Union and the Clinton County second, but the men will be commission Monday night for the a pumper.