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Show fH Si:';: 'J, .T1.-- ! 1 Ill 1 .l.lniv.T' It. Crtlt Lr-le- y iA i. u'f V J t T i4'4 4r",. A.-- S'- - - V ,4 rV m:1- - r jJ5 . V l't f w tt y, '..'n i'vll?. iEBbbbity " j I OF urm LIBRARIES JUL 2 5 1973 SERIALS ORDER DEBty Utah Supreme Court Decision ATTEMPTED REVIVAL DIVORCE DECREE OF 11 YEAR OLD RUSTY Prenupital agreement relinquished rights against the other McBride V. McBRIDE Judgment to Mrs. M. for $3,470 arrearages in child support. Supreme Court : Affirmed. Plaintiff counsel: Walter G. Mann 35 First Security Bank Building Brigham City, Utah Defendant counsel: Preston, Harris, Harris & Preston George W. Preston 31 Federal Ave. r Logan, Utah See details pact 4 Trial Court: i ' L J ' .au 1 V4 . Judge UpMkOs Efack-pomsw-ed MooiisSinigi John Needham (UPI) A New Jersey Superior Court judge has dismissed a legal challenge to the black nationalist-sponsore- d Kawaida Towers high rise, but further con- - By NEWARK Project white North Ward $6.4 million, apartment for middle-incomlow-ane d tenants. apparently remains in doubt. Justice was served by the But, he added, we haven't decision yesterday, said Irving resolved the picketing yet, which Vogelman, attorney for the Temple has held back construction since last in Newarks of Kawaida, which sponsored the November. struction Judge Irwin I. Kimmelman, in a decision, July 10, rejected a SUPBEME C0UBT OF THE UNITED STATES variety of arguments by announced Newark mayoral candidate Anthony Imperiale, a state assemblyman, Syllabus and former Newark school board member John Cervase. VLANDIS v. KLINE al. The two men said the project required city planning board apFOR APPEAL FROM THE UNITED STATES DISTRICT COURT proval it (fid not have, was illegally financed by the state, was not THE .DISTRICT OF CONNECTICUT located in a designed blighted area and would be built by a cor1973 1973 Decided June 11, No. Argued March 20, poration unlawfully incorporated. But Kimmelman disagreed. Connecticut requires nonresidents enrolled in the state university Cervase said he would file an fees state than at higher rates system to pay tuition and other appeal of the decision because the residents and provides an irreversible and irrebuttable statutory judge made a serious mistake in presumption that because the legal address of a student, if married, he arriving at his opinion was outside the State at the time of application for admission or, distorted the law." if single, was outside the State at some point during the preceding In reality, youre bringing in new Conis he in as nonresident as a student remains a long year, he people from Harlem and down South into a city that is overcrowded innecticut. Appellees challenge that presumption, claiming that of drawing people from stead it to controvert by presenting tjiey have a constitutional right blighted areas of the city," Cervase evidence of bona fide residence in the State. The District Court said. upheld their claim. Held: The Due Process Clause does not Imperiale and Cervase told permit Connecticut to deny an individual the opportunity to Kimmelman area residents objected present evidence that he is a bona fide resident entitled to to the philosophy of Temple of rates, on the basis of a permanent and irrebuttable presumption Kawaida head Imamu Amiri forof nonresidence, when that presumption is not necessarily or uniBaraka, the versally true in fact, and when the State has reasonable alternative merly known as LeRoi Jones. fi-Whatever power Jones might determination. means of making the crucial Pp. ordinarily possess to dominate the 346 F. Supp. 526, affirmed. board and the housing project, said the judge, has been, effectively Stewart, J., delivered the opinion of the Court, in which Brennan, dissipated by legislative design" Marshall, Blackmun, and Powell, JJ., joined. Marshall, J., through regulations of the New filed a concurring opinion, in which Brennan, J., joined. White, J., Jersey Housing Finance Agency. filed an opinion concurring in the judgment. Burger, C. J., filed a dissenting opinion, in which Rehnquist, J., joined. Rehnquist, J., filed a dissenting opinion, in which Burger, C. J., and Douglas, J., predominantly 16-sto- ry . 26-pa- et 72-4- 93. Funds Beef Up. Public Defender In New Jersey ... . - The trial backlog had risen to 8.3 TRENTON, N.J. (ACCN) concerted effort being made by the months; the appellate backlog to 8.9 New Jersey Public Defenders months. Officials also hope that an Office to stem its backlog of court easing of the court delay would cases has been given a $755,000 boost enable the office to devote more by the State Law Enforcement attention to rehabilitation services Planning Agency. The award is part of a special $1,546,705 package of correctional and courts program grants approved by SLEPA and announced Friday by the agencys executive director, John J. Mullaney. The programs all have been spelled out and approved by the' Federal. Law Enforcement Assistance Administration as part of the Agencys 1973 Criminal Justice Plaq. The Public Defender grant will support" salaries of staff members added with the aid of a previous SLEPA grant. The aim of the project is to maintain the offices trial and appellate case backlogs at 7.7 months. At the end of Fiscal 1972, the 3 Arrested For Firebombing N.Y. Massage Parlors - NEW YORK (UPI) Reputed Hodas Martin and two porno king other men were in custody, July 13, after being indicted on arson and criminal mischief charges in connection with the firebombings of several massage parlors in the nes Square area. The office of Manhattan Dist. Atty. Frank Hogan said the three were indicted by a grand jury on two counts of arson and two counts of Ti criminal mischief. arrested were Jerry Gom-ber45, of Brooklyn, and George Kaplan, 45, of Manhattan. Police sources identified Kaplan as an alleged enforcer a hit Also g, ... homicide man, with two previous . . he is alleged to be a cousin of (alleged Mafia banker) Meyer Lansky." The DAs office said the arrests capped a two-yeinvestigation" by various authorities, arrests. 4 I ' ar I for indigent defendants. The State Division of Correction and Parole has been awarded three grants including one for $350,000 which will be utilized to continue a program of centralized training for state and county correctional officers. The basic training program at the Bordentown Youth Correctional Institution and an advanced training program at Skillman has involved more than 1,000 veteran and new officers during the past 18 months. A $125,000 grant will be used by (he division to continue the development of a full scale correctional information system. Included in the newest award are provisions for computer reports reflecting long and short term population trends for each division unit The division will use a $45,000 grant to continue for a second year a program of volunteer services at each of the three institutions in the state youth correctional complex. More than 150 volunteers were recruited during the first year of the project to aid in educational and recreational programs. Improved probation services is the aim of the largest of four grants awarded to the State Administrative Office of the Coirts. The $148,400 grant will support the offices probation research and development staff in its effort to study and recommend new and more effective means of providing fuller ranges-oservices for probationers. A $47,100 grant will support the probation officer training section while a $48,575 award will go toward maintaining a central staff of attorneys to the Appellate Division of Superior Court. A $27,631 grant to the Administrative Office of the Courts will provide for the development of a in-sta- te poet-playwrig- ht 13. . . joined. Suit Challenges Tax Exemption Indict Lawmaker Of Coliseum For Air Taxi - MINEOLA (UPI) Mrs. Dolores S. Dubbs, wife of a Uniondale, L.I. chiropractor, has filed a court suit to remove the status of the Nassau County coliseum. New York State Supreme Court Justice Joseph Liff signed an order requiring the county board of assessment to review, and the board of assessors and County Attorney Joseph Jaspan to show cause why arena and exhibition the 16,500-sehall should not be placed on the property tax rolls. Outside court, the womans husband, Gustave Difcbs, charged that the residents of Uniondale will lose $750,000 in tax revenues if the coliseum remains exempt from taxation. The dispute revolves around the question of whether the coliseum is used primarily for the public welfare or for private profit. In the court papers, Mrs. Dubbs contended that a vast majority of centralized system to provide the scheduled events are combilingual interpreters for courts in mercial and not for public use in that cities and counties where they are paid admissions are required . . ." most needed. Although it is a defendant in the tax-exem- at f pt the suit, Democratic-majorit- y ; County Board of Assessors upheld Mrs. Dubbs viewpoint on April 26 when it voted 2 to place the coliseum on the tax rolls. The board majority held that the coliseum, home of the New York Nets of the American Basketball Association and the New York Islanders of the National Hockey League, is basically a commercial operation. On. July 9, the Board of Assessment Review unanimously reversed the ruling stating that the coliseum is legally defined as public property used for public purposes." 3-- 0t D-N.- firm. Now Business operation with Mountain Bell. Atlantic. . j 10-cou-nt Brooklyn congressman solicited more than $57,000 and actually Telephones received $41,350 in bribe payments SALT LAKE AREA from Miller to influence the Civil Aeronautics Board and other federal A public service feature of agencies to obtain the route from THE DAILY RECORD in co- Florida to the Bahamas for Florida . . II i - NEW YORK (UPI) Rep. Bertram L. Podell, was indicted, July 12, on charges of soliciting and receiving payments to influence federal agencies to obtain a mail route for a Florida air taxi The federal indictment specifically charged Podell with conspiracy, perjury and bribery. Also named as defendants were Podell's brother and Jaw partner, Herbert S. Podell of Brooklyn, and Martin Miller of Miami, former president of Leasing Consultants, Inc., the parent firm of Florida Atlantic Airlines, the air taxi service. The indictment alleged that the ,6 0m Route Bribe ll k iL - ! ,.Ai |