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Daily Iowan (Iowa City, Iowa), 1979-07-06

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Daily Iowan (Iowa City, Iowa), 1979-07-06 Stili a dime Iowa City's Morninq Newspaper Friday, July 6, 1979 e an S1ud'm PYB"W'SB' 1% The gas crisis eases City asks dism~ssal o't local .F-518 intervention By ROD BOSHART Last Friday 'Jay Honohan, the cham­ withdrawn. Staff Writer ber's attorney, said that defense attor­ Elderkin will file a formal declaration neys would not ask for a transfer to next week stipulating that the DOT will Iowa City's suit challenging the state federal court but it appeared Thursday not proceed beyond land appraisals for Department of Transportation's they had changed their strategy. right-of-way acquisition prior to 1980. proposed Freeway 518 design and align­ The defense attorneys met for a half­ ment began Thursday with a flurry of JUDGE ' HONSELL heard arguments hour after the hearing to discuss possible on the city's motion to dismiss the inter­ legal maneuvering that left many obser­ removal of the case to federal court but vers confused and the status of the suit vention petitions but he is not expected they refused to comment on future ac­ to issue a rulinl( for several weeks. in "limbo." tion. 69 Elderkin charged that the intervenors The attorneys for both sides, seven in Elderkin said the city "definitely all, met in closed chambers with Dis­ are "interlopers and outsiders" under would resist any attempt to remove the the Iowa Code because they are not trict Judge August Honsell for 4S case to federal court. We want to keep it minutes prior to the courtroom hearing aggrieved by the DOT's proposed align- in state court. We brought our action un ­ ment. ' and when they emerged the following ac­ der the state's Administrative tions were taken . Procedure Act and it can only be raised Because chamber members par­ ticipated in the DOT's public hearing -the city asked the court to dismiss in state court. I don't see how it could be handled in federal court." process on F -518, Honohan said, "We are the intervention by the Johnson County not outsiders here, we are insiders. Board of Supervisors and the Iowa City Goodwin said by alleging the DOT Chamber of Commerce and the motion violated a section of the U.S. ad­ "If they (the DOT) had chosen the was challenged by both intervenors; ministrative code, the city "raised a plaintiff'S (the city's) route, we could federal issue" that cannot be resolved in have appealed so we can also inter­ -the city said it planned to withdraw vene," he said. its request for a temporary stay halting state court. He said the case would be all planning and implementation of the resolved quickly if it was decided by one Assistant County Attorney J. Patrick DOT alignment through southwestern court. White argued against the motion for dis­ Iowa City ; missal of the county's intervention. ELDERKIN SAID the city ma~ drop - the court granted the city a con­ the violation of federal code allegation After the meeting, White said the tinuance of its suit to permanently en­ from its state action if the defendants procedure was "most unusual" because join the DOT 's construction of the the county was arguing against a motion seek a transfer to federal court. that was only introduced orally at the freeway between Highway 1 and the in­ "We could take that point up if and tersection of Interstates 80 and 380 ; and hearing by the city. The county filed its - the DOT said it probably will re­ when we decide to file in federal court," intervention petition July 3. Un ited Press Inle'n81,on81 quest that the suit be moved to federal Elderkin said. "That doesn't mean we Father III1d dlughter arid and Lillie Smith ere hitch-hiking goal. We.,lng T-thlrtl bearing Ihe Identifying markt district court next week. won 't or will go into federal court 'on "THE PROCEDURE was most un­ ICrOll the U.S. thll IUmmer with London, England .. their "Father" and "Daughter", they also carry a gallon of gel to "It's in limbo right now ," David other issu~s . We're still reviewing that usual in that we argued for a motion to ofter benefaeto,.. Elderkin, Jr., the city's special legal with the council and a ,decision will resist it (the dismissal) prior to it being counsel, said after the hearing. probably be made by the end of August." filed, " White said. "We did so to ex­ "Everything is contingent on what they Elderkin said part of the confusion at pedite the case," he said, but added the (the DOT) do. You'll have to talk to the hearing on the stay was due to infor­ procedure "confused the case more than Truckers' strike all but over them because I don 't know what the hell mation he did not receive from the DOT it already is." they're doing." until Thursday morning, before the hear­ Clive Clark, an associate attorney in The status of the case is in question ing. He was then informed that the DOT Elderkin's Cedar Rapids office, noted because the attorneys for the defense does not plan to acquire land for F-518 that attorneys for the city only received as trucks return to roads may seek to move the case from state to along the section the city is challenging the county's petition of intervention federal court. • until after January 1980. Thursday morning and that a motion to By United Press International speeded their decision to return to the much as they can, " Winant said. Since no acquisi tion or construction dismiss the chamber's inten'entioo I highways . "They're aiting now for ~ 'govern­ FOLLOWING the hearing, DOT Attor­ will take place before next year , been filed . Truck traf£jc appeared back to nor­ ment to take action. You know, the ney Robert Goodwin said, "I anticipate Elderkin said, a temporary stay against Clark said a similar motion directed at 'mal on the nation 's major interstate THE LATEST incident of gunfire wheels of Congress tum slowly." doing that (requesting a move to federal the DOT's F-5\8 alignment is no longer the county's petition will be filed by highways Thursday as the nationwide occurred Wednesday near Boise, Don Phipps, president of the Iowa court) probably next week sometime." needed and the request will be Monday . independent truckers' strike - of­ Idaho, leaving a non-striking driver truckers' aSSOCiation , said a meeting ficially entering its fifth week - with a bullet wound \n the left leg. of member drivers in Iowa was called withered almost to nothing. Authorities in most of the country off because most of them are back on Iowa independent truckers joined reported truck traffic at or near nor­ the road. truckers across the nation and slowly mal on major interstate routes . Sugar Bottom day use sought headed back to the road. Since the weekend, striking in­ Phipps said the drivers were ROD BOSHART Approximately 2,000 persons signed a of Sugar Bottom to day use without in­ Nationally, a few holdouts - dependents in more than two dozen scheduled to discuss whether to con­ By Staff Writer petition protesting the restricted access. curring additional costs as long as the mostly members of militant groups states have voted to end the strike. tinue their support of the shutdown, part opened is already developed for but "just about everybody's back to The petition was sent to U.S. Reps. Jim - left their rigs parked and kept up Many, however , kept their rigs Approximately 200 local residents told Leach and Tom Tauke and prompted the recreational use. work. " the shutdown to protest high fuel parked to enjoy a long Fourth of July representatives of the U.S. Army Corps Corps to call a public hearing to reach a "I feel this would be a reasonable in­ costs, freight rates that failed to holiday before returning to the roads. Even leaders of the most militant of Engineers Thursday night that they compromise solution. terim approach until a long range solu­ allow for soaring diesel prices and Dick Winant, vice president of Ace factions in the shutdown agreed sup­ favor converting part of the Sugar Bot­ Fritz MueJler , chief engineer for the tion materializes," Mueller said. low speed and load limits. But the Lines Inc. in Des Moines, said his port for the strike had weakened. tom recreational area back to day use. Corps Rock Island District, told the strike, I/wt Qn~e . closed industries and company, which owns more than 600 crowd at the Johnson County THE PROPOSAL to convert a portion meat-packing plants and threatened trailers and hauls building supplies in Bill Hill , spokesman for the In­ The majority of those present at a dependent Truckers Unity Coalition, public hearing Iavored either unrestric­ Fairgrounds, "The decision to convert of Sugar Bottom's camping area back to to cause critical food shortages was 21 states, has 90 to 9S percent of its Sugar Bottom to a fee area was mine. I day use was one of six proposals the all but over. trucks running agai n after 95 percent said leaders of his group - one of the ted day use or allowing certain kinds of largest and most militant of the day uSe , such as boating, swimming or readily admit we may not have properly Corps offered as solutions to the con­ Highway violence - down sharply of them were shut down for three considered the impact that restricting troversy. Other proposals were to con­ since the height of the strike - did lit­ weeks.
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