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Court upholds SLT route After decades, legal fight appears to have reached its conclusion
clawhorn@ljworld.com
clawhorn@ljworld.com
It is now full speed ahead for completion of the South Lawrence Trafficway. And, opponents say, for the end of the Baker Wetlands as they know them. A three-judge panel of the 10th Circuit Court of Appeals on Tuesday came down decisively in favor of a route that will allow the long-debated bypass to be built through the Baker Wetlands. The strong wording of the ruling led leaders with the Kansas Department of Transportation to declare that any further legal battles involving the road are unlikely. “I think it is important to point out that the court agreed with KDOT and FHWA’s (Federal Highway Administration) position in every instance,” said Josh Powers, a spokesman for KDOT. “We feel like it really does put an end to this matter from a legal standpoint.” The ruling could be appealed to the U.S. Supreme Court, or the full 10th Circuit Court of Appeals could be asked to hear the case. But Bob Eye, a lead attorney for the trafficway opponents, stopped well short of promising an appeal. He noted that even if his clients did pursue an appeal, the Supreme Court could decide not to hear the case.
Nick Krug/Journal-World Photo
STRANDS OF GRASS ARCH OVER A MARSH AT THE BAKER WETLANDS on Tuesday, with 31st Street seen in the background. The 10th Circuit Court of Appeals on Tuesday upheld the state’s approved route of the South Lawrence Trafficway plan through the Baker Wetlands. “I feel like I have been kicked in the gut,” Eye said. “It is very disappointing. We are now, obviously, at a crucial point.” The bypass project, which has been debated for more than two decades, would link Kansas Highway 10 east of Lawrence with the previously constructed western portion of the bypass, which ends at Iowa Street on a deadend bridge that has become known as the “Bridge to Nowhere.” In total, the bypass will take motorists from Kansas Highway 10 east of Lawrence to Interstate 70 west of Lawrence. Powers said construction on the final Please see SLT , page 2A
Ruling: Officials took ‘hard look’ at plan By George Diepenbrock gdiepenbrock@ljworld.com
In its ruling Tuesday that upheld plans for the South Lawrence Trafficway, a U.S. 10th Circuit Court of Appeals panel said any errors in a noise study were “harmless.” The Kansas Department of Transportation cheered Tuesday’s ruling because officials believed it ended a legal challenge. KDOT hopes to begin construction in fall 2013 on the six-mile, four-lane leg of Kansas Highway 10 that will connect the highway east of Lawrence with the section
on the west side of the city. Opponents of the route had argued that the process KDOT and the Federal Highway Administration used to arrive at what is called the 32nd Street route, or 32B, was flawed. They also said the government’s analysis too quickly dismissed alternative routes — particularly under a law that protects historic sites, including property associated with Haskell Indian Nations University. Under the current plan, a nearly $20 million mitigation plan would move both
Haskell Avenue and Louisiana Street farther from the current Baker Wetlands and add about 260 acres of new wetlands to the area. Project opponents asked federal and state officials to consider a route much farther south — along a 42nd Street alignment — because they said highway officials misrepresented the likely impact the road would have on the area and they don’t understand the cultural significance of the wetlands. But the three-judge Please see RULING, page 2A
Audit finds major problems at state juvenile facility srothschild@ljworld.com
TOPEKA — Kansas’ primary juvenile correctional facility has been plagued with major safety and security problems that have led to assaults,
sexual misconduct and thefts, according to a scathing state report released Tuesday. The audit cited numerous instances where inadequate supervision and training at the Kansas Juvenile Correctional
Complex in Topeka led to juvenile offenders at the facility harming one another and themselves, including attempts at suicide. For example, in March, a juvenile on suicide watch was injured after
banging his head on a wall for an hour before officers intervened, the audit said. The Kansas Juvenile Correctional Complex, or KJCC, is a mediumand maximum-security facility in Topeka that
houses 220 males and 20 females between ages 13 and 22. The Legislative Division of Post Audit said there were top-to-bottom problems in the operation
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New sales tax, property rate hike mulled By Chad Lawhorn
By Chad Lawhorn
By Scott Rothschild
LJWorld.com
A property tax increase may be in store for Lawrence residents, and a question about creating a new sales tax might be coming their way, too. Lawrence city commissioners on Tuesday moved one step closer to approving a property tax rate increase of 0.92 mill, but a majority of commissioners also said they want to talk about a sales tax increase that could take effect as soon as the middle of 2013. Mayor Bob Schumm said he wants to discuss an approximately half-cent sales tax increase that could be used to fund both police department needs and economic development initiatives. Schumm said he would want the sales tax to go on the books after the state reduces its sales tax by sixtenths of a cent in July 2013. “That way you really wouldn’t be raising taxes,” Schumm said. “You would be reapportioning it. Instead of the state using the money, we would be able to use it locally.” Any new sales tax would have to be approved by voters in a citywide election. Commissioners on Tuesday took no action to place a sales tax question on an upcoming ballot, but commissioners said they want to discuss the issue more at a future study session. The tax idea was met with skepticism by City Commissioner Mike Amyx. He urged commissioners to first look at the existing countywide 1-cent sales tax to determine if city spending from that fund could be rearranged to better meet some of the city’s needs for the police department and other projects. City commissioners took more concrete action — although not final action — on raising the property tax rate for 2013. Commissioners agreed to publish a budget that includes the 0.92 mill increase. City Manager David Corliss had recommended a 0.87 mill increase, but commissioners increased the number after Schumm lobbied to provide an additional $37,000 in funding to the Lawrence Community Shelter to help the organization with its finances. The funding and the increased mill levy won’t become final until commissioners approve the budget at their Aug. 7 meeting. Several commissioners said they may seek to cut other parts of the city budget before the Aug. 7 hearing to reduce the mill levy increase.
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