News-Press from Fort Myers, Florida • Page 2

Fort Myera News-Press, Friday, April 17, 1981 from Poo IA Estuaries. Wcv5makorSi imi-nw win swrmt was totally unsuitable for develop- meat The justices said that Estuary Properties or any other property owner is not entitled highest and best Use III lis propci ijr if uui win victuc public harm. "We agree with the Wisconsin court that an owner Of land has no absolute and unlimited right to change the essential natural charac ter of his land the court ruled. Attorney General Smith called the ruling "precedent setting." Tucker said it recognizes and strengthens the hand of state and local government in protecting mangroves, marshes and submerged lands. "We're delighted with the deci sion.

We thought It was excellent needless to say," Tucker said In a prepared statement Smith "In (this) case, there is no question but that the proposed development would have an adverse environmental the justices ruled. "There Is sufficient competent substantial that the Inter, ceptor waterway would not only fail to prevent an adverse environmental Impact but would in fact pollute surrounding bays." However, the justices did agree with the appellate court that the Florida Cabinet should have specified possible changes in the development plans to make the project acceptable. As a result, the Supreme Court directed that the appellate court remand the case to the Florida Cabinet Assistant Attorney General Tucker said the justices' decision to remand the case to the Florida Cabinet was the only part of the ruling adverse to the state. Tucker said the Cabinet will adopt some or all of the development changes that had been suggested by Lee County when It originally denied Troutman a development permit Sams called the justices' ruling on the first Issue "favorable to property interests." He said it would lend "fairness and clarity" to the DRI statute. On the issue of "taking" of private property, the justices ruled that the denial of a permit for The Estuaries was a "valid exercise of the police powers" of the state and county.

The justices wrote that the police i power can be used to prevent a public harm such as to prevent the pollution of the bays but not merely to create a public benefit In The Estuaries case, the justices said that Estuary Properties purchased its land knowing that part of it development, but of only about half as many units as Troutman wanted. Humphrey said Thursday that if the lower level of development is pursued, the county would be free to revise the density again in light of new planning standards. Troutman, still seeking to realize his original plans, lost again in 1977 on appeal to the Florida Cabinet, sitting as the state land and water adjudicatory commission. Troutman went to court in December 1 979, where he won his first victory before the First District Court of Appeal in Tallahassee. The appellate court was reversed by the Supreme Court's 6-1 ruling Thursday with Justice James Ad kins dissenting.

Adkins didn't write an opinion but only stated he would have upheld the 1979 opinion and decision of the First District Court in Tallahassee. In the majority opinion, the justices said they were deciding two primary issues: Did the denial of a development permit for The Estuaries violate Florida law on permitting of Developments of Regional Impact (DRI)? Did the denial of a development permit constitute a "taking" of pri-, vate property for public use in violation of the U.S. and Florida constitutions? This question concerned the limits of government's police powers. On the first point, the justices disagreed with the appellate court that denial of The Estuaries permit was, a violation of the DRI law. The justices determined that the county and state can reject developments if the government can show that the public would be harmed.

I'm happy to see they are taking this direction." Assistant Attorney General Ken Tucker said the justices found that private property owners have no absolute and unlimited right to change the natural characteristics of their land. "There was no indication one way or the other (on the next course of action). We just agreed we would explore all the options," Sams said. Whether the developer appeals or tries for a reduced development will be affected by the ultimate outcome of foreclosure proceedings on the property. Last month, a group of 14 Milwaukee investors known as the Windsor Group won an $8 million foreclosure action against Estuary Properties on 4,740 bayfroht acres.

As planned by Troutman, The Estuaries would consist of more than 26,000 condominium units on 6,500 acres. All but 526 acres of the property were wetlands and would have re- quired extensive filling. In addition, Troutman planned to uproot 1,800 acres of black mangrove forest, which serve as the bay's natural water filter. The key to Troutman's plan was ah experiment in pollution control: a 7-mile-long interceptor waterway as wide as parts of the Caloosahatchee River. The interceptor was supposed to catch storm water runoff before It reached Estero Bay.

Five years ago, Lee Cbuntyreject-ed Troutman's application for devel- opment permits for The Estuaries because of its potential harm to Estero Bayv The county was willing to allow said, "While recognizing the develop- 's VTl An I Gooc eggs Brightly colored wooden autographed Easter eggs signed by President Reagan, first lady Nancy Reagan, Vice president ueorge Busn ana Bush's wife, Barbara, are to be hidden on the South Lawn of the White House for the annual Easter egg hunt scheduled for Monday. The tradition of the hunt goes back to 1878, when Rutherford Hayes was president. ment rights of private property owners, it establishes a clear precedent for setting limits on the extent to which the vanishing natural assets can be destroyed. "In the long run, I think this will prove to be in the best Interest of private property owners. The court acted with wisdom and foresight in safeguarding Florida's future." William Mellor of the Lee County Conservation Association, which has been battling against development of wetlands along Estero Bay for 21 years, was cautiously optimistic Thursday.

He said earlier victories against, development had been followed by disappointing reverses. "At this point, it sounds like a major part of our position has been upheld," Mellor said. Anthony voted woman of the century Susan B. Anthony, pioneer in the women's suffrage movement, was named outstanding American woman of the past century in a poll of members of the American Association of University women released Thursday. i Others in the top 10, in order, were former first lady Eleanor Roose velt; anthropologist Margaret Mead; birth control advocate Margaret Sanger, Helen Keller, the deaf, blind and mute teacher and writer, environmentalist author Rachel Carson; settlement house founder Jane Addams; Clara Barton, founder of the American Red Cross; aviator Amelia Earhart and singer Marian Anderson.

There were scattered votes for Mae West, Martha Mitchell and Pat Nixon. One vote for the author of "The Bobbsey Twins" was canceled when the voter discovered the author's name, Laura Lee Hope, was a nom de plume for Edward Stratemeyer. WYOMING Mine. From Pag 1 ir.u Redstone COLORADO Imperials chosen as top gospel group The Imperials were chosen gospel group of the year and No. 1 gospel artist at the annual Gospel Music Association Dove Awards in Nashville.

The group also won best contemporary gospel record album for "One More Song for You." Cynthia Clawson was chosen female vocalist of the year for the Miners Trapped second straight year and also won the best inspirational gospel album award for "You're Welcome Here." 7 Jtmm Russell Taff won male vocalist of the year at the awards ceremony Wednesday night. Twins' surgery: An eye for an eye Identical twins William Nlmrod Seltzer and Nlmrod William Seltzer The crew working closest to the mouth of the mine escaped serious injury from the blast by jumping Into a cross-cut shaft off the main shaft, Bowman said. "We're hoping they (the lower crews) did the same thing," Bowman said. Throughout the day Thursday the rescue teams, wearing oxygen masks in the cold temperatures inside the mine, made extremely slow progress because of the need to test for pockets of methane, a colorless and oderless gas that is difficult to detect. One rescue worker was hospitalized for overexertion, Mulhall said.

Delaney said the rescuers were moving slowly because of "rather conservative" federal rescue procedures which require crews to "build a path of clean air" as they approach an accident site. The trapped miners were equipped with breathing units for use in emergencies, but Delaney said the units are good for only one hour. A crowd of miners and relatives kept a Vigil at the mine entrance at the end of a winding mountain road. Relatives avoided reporters, but rushed to hear any scraps of news from officials coming from the mine. The 15 men trapped by the explosion range in age from 20 to 40 and all but three are married.

The explosion rocked the lower sections of the Dutch Creek No. 1 are both recuperating at Wills Eye Hospital in Philadelphia from eye surgery to relieve pressure from glaucoma. The brothers operations were performed Monday by the same doc MAP LOCATES MINE SITE ...15 miners trapped mine, which is at an altitude of 1 0,034 feet in the one-street town of Redstone. Of the seven who emerged from the mine shaft in two groups after the blast, three were admitted to Valley View Hospital in Glenwood Springs, 30 miles away, for treatment of burns, bruises and shock. One of those who survived the explosion unhurt, David Chiarello, said, "Air came at me sort of like a hum-cane felt like someone just picked up a handful of rock and coal dust, and just shoved it down my throat" The last serious accident at the mine was on Dec.

31,1 965, when nine miners were killed in a methane explosion. The mine was opened in 1956. Don McCauley, director of the Colorado Division of Mines, said recent tor, but the surgery was on William's left eye and Nimrod's right. The 77-year-old brothers occupied adjoining beds at the hospital following surgery Monday by Dr. George Shaeth.

UM I RESCUE WORKERS LEAVE MINE AFTER WORK SHIFT some workers were brought in from out of state to aid rescue Their patches were on opposite eyes, but the nurses still had trouble telling the brothers apart, so hospital identification bracelets were placed on their wrists. The twins have identical mustaches, weigh about 150 pounds, stand about 6 feet tall, wear size 1 5 shirts and size 8 shoes, and have grown bald at about the same rate. "The only difference is he's right-handed and I'm left-handed," said supply, Chiarello went. 1,000 feet toward the site of the explosion and found three Injured co-workers the most seriously hurt identified as Bob Randall, who suffered severe burns and was placed under intensive care. Inspections at Dutch Creek No.

I have been "pretty good." Chiarello, who was working about 4,000 feet inside the shaft, said he was convinced the blast was caused by methane gas. After donning an emergency unit containing its own oxygen Nimrod. "And he's got a bigger mouth," added William. Weather watch Yesterday's weather In Fort Myers, Thursday, April 16: High 89, low 67 (normals for this date: high 85, low 62). Humidity (percent) at 8 a.m.

was 79; and at 1 p.m. was 45. Rainfall recorded for the 24-hour period ending at 10 p.m. measured a trace; for the month to date none (average for April is 2.03 inches); for the year to date 3.74 inches this time last year 8.50 inches (yearly average is 53.95 inches). Gulf water temperature was 73.

Weather elsewhere: National Rain falls on eastern third of U.S. By The Atseciated Press Scattered showers moved across the eastern third of the nation Thursday, while clouds covered much of the West The showers reached from Minnesota to Texas and east to Tennessee, with snow flurries reported in Maine and scattered showers in southern Florida. Light rain fell along the coast In the Pacific Northwest Today's forecast called forshowersand thunderstorms scattered over the eastern U.S., from the Gulf Coast through the lower Great Lakes and New England. Sunny skies were predicted over the central and western parts of the nation, with widely scattered showers possible from the north Pacific Coast and into western Wyoming. Highs in the 90s were expected over the desert Southwest with 70s and 80s predicted across the rest of the nation's southern half.

Temperatures In the60sand70swerepredlctedlnmostofthenorthernhalfofthenation. 'I; WeofHer radio frequency. 162.475 WXK83 1 (24-hour cootioooui weomer broadcot EXTENDED FORECAST (Sunday through Tuesday) Mostly fair and mild. Highs in the 80s. Lows mostly in the 60s, except low to mid-70s southeast coast and Keys.

FLORIDA PENINSULA (except extreme northwest) Partly cloudy and mild through Saturday. A chance of showers southeast portion today. Highs in the low to mld-80s. Lows in the 60s, except low to mid-70s southeast coast and Keys. Vdy T'dyt CITY Pep P'catt Albany ztil shwrt Albuquerque 44 71 .92 clear Amarllle UU .14 ptcldy Ancheraee 22 17 ptcldy 'jtobevMe 71 cleudy Atlanta 75 cleudy AtlaitHcCity It S3 thwrt Benimere 11 Ptcldy Birmingham el 7 ptcldy Skunarck MSI ptcldy fee 1 44 ptcldy ten 31 el cleudy Orewnsville 7 ptcldy SWWale 11 St Ihwrs urllnstenV It 51 than ClrtettefiWV 75 tstrm CbarkMteNC 4(71 ptcldy 1 S4 Satellite Dhete racardad at I a.m.

Thurtdaw LOW CLOUDS COVER SOUTHEASTERN PLAINS also extend into eastern Mexico 417 ptcldy 42 MM mn 25 40 41 70 M7t 45(5 52 75 14 457 44 MI5 SOU 42 45 5174 474 19 at 51 74 57 75 5171 5010 55 74 4101 55 75 44 7 51 7t 47T 4157 512 11 45 42 141 12 45 41 4102 52 74 4ttt Looking ahead Juneau 10 17 cleudy 11 10 Kansas 50 71 tunny 57 02 Las Vegat 1 1 fair 40 0 Little Reck 54 01 ptcldy 1 00 Les Angeles 572 cleudy 574 Leulsvllle 40 71 thwrt 55 7 Memphis 54 01 cleudy 45 7T Milwaukee 14 41 ptcldy 47 70 Mlnneanetii 4 (1 .01 sunny 41 40 r. Nashville 44 75 cleudy 50 74 New Orleans 42 04 .31 ptcldy 45 05 New Yerk 17 4 thwrt 5 44 Nerfelk 14 45 ptcldy 51 70 Okie. City 50 71 ptcldy 50 05 Omaha 44 41 .12 tunny 5 7 Philadelphia 12 42 thwrt 47 72 Pneenlx tt? ptcldy 44 Pittsburgh 2 45 shwrt 4 it PertlandM M40 rain 1)55 PerlandO 45 45 ptcldy 425 Prevldence 254 cleudy 41 Malelgh 12 71 ptcldy 474 Rapid City 411 tunny 42 71: Rene 10 71 ptcldy 14 Rlchmend 14 71 ptcldy 55 7 St. Leult 44 71 tunny 51 Salt Lake 4 71 cleudy 4 77 San Antenie 44 7 .05 cleudy 44 to SanDlege ptcldy 47 Prancfece 50 ptcldy 50 SO San Juan PR 7 00 .01 ptcldy 7 13 St Ste Marie 22 ptcldy 41 Seattle 44 fair 42 Spekane 10 tunny Syracuse 105 thwrt 44 4r Tepeka 5 71 .05 tunny 4 70 Tucten 45 ptcldy 41 Tulsa ,5177 ptcldy MM i Washlnften ,4171 -ptcldy 75 Pan American i Cincinnati 17 Cleveland ft a (ham Calumbia SC 71 ptcldy Cetumbuf Jl 7 ntrmt OaUat S4M ptcldy Daytea itM ntrmt Denver 74 7 ptcldy Southwest Florida TioV (From Friday morning until noon Saturday) Oct Mainei 45 .14 Detrett 11 el LOCAL Partly cloudy and mild through Saturday. Highs in the mid-80s.

Lows in the mid-60s. Winds easterly around 15 mph today. BOATING (Cape Sable to Tarpon Springs) A small craft ad visory is in effect Winds southeast 1 5 knots today. Seas 3 to 4 feet near shore and 5 to 8 feet well off shore. Partly cloudy.

LOCAL SKIES The bright star Sirius in the constellation Canis Major (The Big Dog) is low in the southwestern sky about one hour after sunset Moonrise today is at 5:39 p.m. and sunset at 6:50 p.m. Moonset Saturday issi 5:51 a.m.; sunrise at 6:02 a.m. i DaHtti 41 (4 ptcldy EIPaM SITS PtcMy Pair tat MM fair Friday 1 Saturday Timet m.m. Times a.m ParfeND 41 77 Hartferd 2 4 44 15 Meuttea 01 ladleaapellt If 41 ptcldy extremal (ceatlfuew Temperature -ature iBIla Banal, arlz.

Lew-S at Neutten, Maine 71 00 Klnasten 75 71 MexkeClty 51 Havana 71(4 Florida Laoeue I 45 Apalacalcele 71 Miami 04 74 CapeCeral 44 Mapiet Paytena .171 Oriande 02(7 PtCaud St 71 Pentacela 74 44 PtMyersBca el 70 Punta Cerda 057 Times p.m. High, Low 12:07 12:34 1:12 12:17 1:23 2:3 Ml Ml 12:21 78 33 11:12 12:18 1:48 Ml Ml IMS M4 lt23 1:35 UM 5:31 1241 7:54 11:45 1:11 Ml M5 12:14 12:21 12:45 1:44 11:33 Ml High 1M7 1M3 IMS 1247 ItM 141 3:43 120I tu 124S 1M1 2:11 11:41 1:11 11:38 2:41 1244 12:41 MS 1141 Low MS M7 M7 Ml MS Ml 743 1M7 MS Ml 1:44 Ml 5:41 741 Ml 141 44 Mf Mf 1:41 Location High low-Big Carlos Pass 5:37 Boca Grande Bokeelia 12:11 5:49 Bonlta Beach Cape Coral M7 Cape Romano a Captiva Island (outside) 1245 1:45 Edison Bridge 2:5 1 Ml Englewood Everglades City VM tM Ft Myers Beach Bridge Ml Marco 12:12 1:15 Matlacha 1:34 Naples it. 11:28 5:19 Piaeland 12 7J1 Point Ybel (Sanibel) 5JJ Punta Gorda YXl fcM Punta Rassa Redfish Pass 541 St James City 121 Ml Venice Inlet 11:13 17 'Readings may vary. Foreign (Temperatures reported at local times In cities listed) 74 Sanibel 00 70 40 Tallahassee 71 Berlin 1pm 1pm cleudy jac.iealll 705 Tampa 017 Key West 02 71 Palm 77 71 Canadian lain Madrid 12 77 45 41 St 17 4 (0 I 14 1pm 5lOfft Ocrlurfvii NAiioNAt wttnm si VICI NOAA Ul Qpl old, 4 SO Retina Sn Terente 27 St Vencewer Paris Rama Tekye M7 It 41 415 43 tt 171 WARM TEMPERATURES FOR SOUTHERN STATES of Ration eaa expect mild weather.