St. Louis Post-Dispatch from St. Louis, Missouri • Page 5

Region StLQUIS POST-DISPATCH June 1 0, 1 987 5 A ST. LOUIS POST-DISPATCH Ruling Allows Suit Against Recreational Developers By William C. Lhotka money. Those cases are pending in St. Many of the roads are gravel and deteriorating to the point that the Postal Service has threatened to stop mail delivery.

The developer has not transferred the golf course and country club to the lot owners. In the federal case, the association sued under the federal Land Sales Act The federal appeals court said the association lacked. standing to pursue the claims of individual members. Crandall wrote that the state case is based on breach of contract and fraud theories and is therefore different from the federal case. The landowners association is not barred under Missouri law from suing to enforce the original contracts, he said.

Intervention Denied Taxpayers in St. Louis County who pay their taxes under protest lack the right to intervene in suits between the taxing authorities and the county revenue collector, the appeals court also ruled. If the taxpayers prevail in the protest before the Missouri Tax Commission, they will still be able to collect the refund from either party, the court ruled. Therefore, the taxpayers lack standing to intervene in such cases, the court said. The issue involves protests of taxes in 1985 and separate suits by four school districts seeking court orders for distribution of the impounded tacked Halbert's mother, Lola Halbert Lewis was arrested the next day in Newport, where he had wounded a police officer.

Judge Paul J. Simon wrote for the appeals court that the evidence showed that Lewis had acted with deliberation. For example, Simon said, Lewis had gone outside after each attack to make sure no one had heard the woman's screams. Lewis was also composed enough to search for gasoline for his car and to leave a note casting suspicion on a fictitious man, Simon said. Judges Gary M.

Gaertner and J. Albert Stephan Jr. concurred in the opinion. louis u)unty urcuit court. Murder Case Affirmed The appeals court also affirmed the capital murder conviction of a man who beat, stabbed, strangled and finally used an ax on an 82-year-old woman in August 1982 in Steelville, Mo.

The man, Theodore F. Lewis of Steelville, is serving a sentence of life in prison without the possibility of parole for 50 years. On appeal, Lewis contended that the murder was not premeditated. Lewis testified that he had gone to the home of Cecil Halbert, owner of the "Fishermen's Dude Ranch," to rob him. There he found and at Founded by JOSEPH PULITZER, Dec.

12. 1878 900 N. Tucker Blvd. 63101 (314) 622-7000 (USPS: 476-580) Published daily by the Pulitzer Publishing Co. Second Class postage peid at St Louis.

MO MEMBER OF THE ASSOCIATED PRESS nd AUDIT BUREAU OF CIRCULATIONS. The Associated Press is entitled exclusively to the use tor republication of an the local news printed in this newspaper as well as all Associated Press news dispatches. SUGGESTED HOME DELIVERY RATES Daily $6.50 a month Sunday 25 a month Daily Sunday $9.75 a month BY MAIL (Payable in advance) MISSOURI. ILLINOIS and ARKANSAS (where dealer service is not available) Daily and Sunday, one year $120.00 Daily only, one year $72.00 Sunday only, one year $48.00 ALL OTHER STATES APO AND FPO ADDRESSES Daily and Sunday, one year $168 00 Daily only, one year $108 00 Sunday only, one year $60.00 Please remit by check or money order. TO START HOME DELIVERY OR FOR CIRCULATION CUSTOMER SERVICE 622-7111 TO PLACE A CLASSIFIED AD 621-6666 TOLL FREE FROM ANY STATE EXCEPT ALASKA 1-800-231-1991 TO REACH OUR OPERATOR (314) 622-7000 Of the Post-Dispatch Staff The 000 owners in Terre Du Lac, a recreational complex in St.

Francois County, got a boost Tuesday from the Missouri Court of Appeals here in their decade-old legal battle with the developers of the lake project. A three-judge panel of the appeals court reversed a lower court decision and ruled that the association representing the lot owners can sue the developers over road improvements and ownership of the golf course. The judges William H. Crandall James A. Pudlowski and Kent E.

Karohl also ruled that: A federal appeals court ruling in 1985 Is not binding on the state court case because different issues are involved. Judge A. J. Seier correctly dismissed claims against C.I.T. the development's principal lender.

Seier had dismissed the suit by the Terre Du Lac Association against the original developers of the lake complex and their successors. The ruling Tuesday reinstates that suit. When the development was built, prospective buyers of lots were told that the golf course and country club eventually would be turned over to the owners that all roads would be permanently paved with asphalt; and that the finished roads would be conveyed to the association. 100 Flee From Units For Elderly As Fires Are Set; One Is Injured By Bill Bryan Calendar City Editor all the smoke," he added. "A 55-gal-lon plastic garbage can in a closet was burning." The lobby fire was minor; a janitor extinguished it before the other fire was discovered.

There was an attempt to set a third fire, but some drapes in the mail room failed to ignite, Wiber said. The janitor, John Renshaw, 37, reported for work about 4:30 a.m. and discovered the lobby fire about 45 minutes later. He called police; as he residents out of the building. Detectives said they believed a tenant started the fires, but no one has been arrested.

"There was a whole lot of smoke but not much fire," said St. Louis police bomb and arson detective Tom Wiber. Two fires were set, one in a laundry room and another in paper products on a shelf behind the desk in the lobby, Wiber said. "The fire in the laundry room was the one creating and the officers were talking, they saw smoke coming from the laundry room. Several additional officers were sent to the apartments to help in the evacuation.

After the fire was extinguished, the tenants returned. Fire damage was confined to the laundry room, but other areas had smoke damage, Wiber said. The complex was formerly known as the Diplomat Motel. Of the Post-Dispatch Staff More than 100 elderly and handicapped people were rousted from bed and evacuated early Tuesday after two fires were set at the Plymouth Manor Apartments, 433 North Kings-highway at Waterman Boulevard. Paramedics administered oxygen at the scene to an 88-year-old woman who complained that she had inhaled smoke.

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