Argus-Leader from Sioux Falls, South Dakota • Page 37

Argus Leader, Sioux Falls, South Dakota, Thursday, Nov. 23, 1995 HOW TO REACH US Local news inquiries and tips: Maricarrol Kueter, city editor, 331-2327 or Rosemary McCoy and Cindy Uken, assistant city editors, 331-2301 or 1-800-530 NEWS STATE NEWS 2,4,5 MMOX OBITUARIES BIRTHS JUST CURIOUS Judge: S.D. must pay Lonetree developer legal fees ANSWERS 0 TO YOUR QUESTIONS The federal judge set the legal Engel said fees at $150 an hour for SDDS's lawyers. FDR once changed years, and the 1991 Legislature gave its approval to Lonetree. Opponents then referred the Legislature's approval to a statewide referendum, and voters rejected Lonetree in the 1992 election.

The federal appeals panel ruled in February that the 1992 voters' rejection of Lonetree interfered with interstate commerce and was done to discriminate. SDDS has sued the state for damages in another lawsuit, which is pending in state circuit court. The company otherwise has abandoned the Lonetree U.S. Circuit Court of Appeals earlier this year struck down the 1992 referendum in which South Dakota voters rejected SDDS's proposed landfill. The appeals panel said the statewide vote violated the U.S.

Constitution by interfering with interstate commerce. The Edgemont Herald-Tribune recently reported that SDDS had been awarded the legal fees. State Assistant Attorney General Roxanne Giedd said U.S. District Judge Richard Battey of Rapid City awarded SDDS less in legal fees than the company had requested. Company sought to bury out-of-state garbage By CHET BROKAW Associated Press PIERRE A federal judge has ruled the state must pay more than $250,000 in legal fees to the company that had planned to build a large-scale garbage dump near Edgemont.

The money was awarded to cover South Dakota Disposal Systems legal fees and costs for a lawsuit it won against the state. A three-judge panel of the 8th SDDS sought to bury about 1.5 million tons of baled municipal garbage a year at the Lonetree dump for the next 20 years. Much of the garbage would have been shipped from cities outside South Dakota. A state board gave SDDS a one-year permit in 1989, but opponents put an initiated measure on the 1990 ballot requiring legislative approval for Lonetree and other large-scale landfills. SDDS stopped construction after voters statewide approved that measure.

The state board in 1990 renewed SDDS's permit for five Giedd said the legal fees owed by the state are covered by the Risk Management Fund, which was set up to handle such awards, Giedd said. Battey awarded SDDS $246,041 to cover its lawyers' work on the main case and another $4,525 to cover its expenses in seeking the original legal fees, said Tim Engel, a Pierre lawyer who represents the Risk Management Fund. SDDS originally had sought nearly $298,000 in legal fees, Thanksgiving date QUESTION: What was the original date of Thanksgiving? Harold Neuberger Brookings ANSWER: In 1863, President Abraham Lincoln proclaimed the last Thursday in November as "a day of thanksgiving and praise to our beneficient Father." But in 1939, President Roosevelt set Thanksgiving one week earlier. He wanted to help businesses by lengthening the shopping period before Christmas. Congress ruled that after 1941 the fourth Thursday of November would be observed as Thanksgiving Day.

Have a general news question? Call the Argus Leader at 331-2291 and leave a message. Or send your questions to Just Curious, Box 5034, Sioux Falls, S.D. 57117-5034. 'It took such a long time. It was a real inconvenience, especially trying to get to the Laurie Koch, nearby resident Traffic was moving across the Western Avenue bridge over Interstate 229 Wednesday night as the last road closed sign was dragged to a waiting trailer.

tad 1 r1 1 rl rr i a 4- 1, 5- '11 1 Nearby stores, residents count blessings after year-long project By DAVID KRANZ Argus Leader Staff On Wednesday, traffic crossed the Western Avenue bridges over Interstate 229 and the Big Sioux River for the first time in more than a year. Business owners, shoppers and residents were relieved when the barricades on the $15 million project were lifted at 5 p.m. Laurie Koch, who lives south of the interstate, said she wondered sometimes if it was ever going to open. "It took such a long time. It was a real inconvenience, especially trying to get to the mall," she said.

For Jackie Bellonter of Flan-dreau, it meant extra miles. "I come to Sioux Falls about twice a month and to the Western Mall about once a month. This will make it easier to get here," she said. Jeff Iddings of A Art at 3802 S. Western Ave.

said having the interchange open will help, but the street construction in front of his store last year hurt his business more. "Business has been booming here this year," he said. "Last year, we had to give discounts to get them across the road. But I'm glad it's open. It helps," he said.

Valori Maher, supervisor for Northwest Fabric in the Western Mall, said customers didn't complain. "It helps me getting to work and getting to day care, and it was a problem for some of our A'. 1 1 1 -Wi? uu1 I "Vr 0 Lloyd B. Cunningham Argus Leader A crew from Action Electric Co. of Sioux Falls rushes against a 5 p.m.

deadline Wednesday to finish wiring and install the last traffic signal on top of the new Western Avenue bridge over Interstate 229. BRIEFLY Shooting victim leaves hospital One of the victims in a Nov. 12 shooting that also ended in the deaths of two men has been released from Sioux Valley Hospital. Tina Marglon, 16, of 621 N. Dakota Ave.

was released Wednesday. The other survivor, Lynn Pagone, 18, of 609 S. Garfield Ave. remains hospitalized, but staff members will not release her condition. According to police reports, the two were injured when Carl Curtis Farmer opened fire at the home he shared with Pa-gone.

Paul James Darnell, 31, of 619i2 N. Dakota was shot to death. Farmer then killed himself. Man denies charges in near-fatal shooting A Sioux Falls man pleaded not guilty Wednesday to attempted murder and assault in the near-fatal shooting of another city man. Lawrence Anthony Duches-neau, 26, entered his plea in Minnehaha County Circuit Court.

He is charged with shooting Kenneth M. Tiedeman 38, in the neck Aug. 28. Man enters plea in scissor stabbing A Sioux Falls man pleaded not guilty Wednesday in Minnehaha County Circuit Court to stabbing a woman with a scissors. Salvador Tellez, 31, of 405 S.

Sycamore Ave. No. 105 entered his plea to three counts of aggravated assault. Tellez is charged with stabbing Lorraine Nez, 18, in the back and arm. Teen-ager pleads not guilty in stabbing A Sioux Falls teen-ager has pleaded not guilty to nearly stabbing a Brandon teen to death.

David Thomas Corgan, 19, of 91912 E. Eighth St. entered his plea Wednesday in Minnehaha County Circuit Court to two counts of aggravated assault. Corgan is charged with stabbing 18-year-old William Earl La Valley Jr. in the neck Nov.

6 after an argument. Grand jury indicts man in jacket thefts A Minnehaha County grand jury Wednesday indicted a Sioux Falls man accused of robbing five boys of their Starter jackets. Jeremy Nigel Cheever, 20, of 1404 S. Marion Road No. 210 faces three counts of first-degree robbery and two counts of attempted robbery in the Nov.

15 thefts of the popular sports team jackets. Two other boys, ages 15 and 17, were petitioned to juvenile court. LOTTERIES DAKOTA CASH: 12-13-23-32-33. POWERBALL: 6-10-24-31-43. Powerball 17 TRI-WEST LOTTO: 6-10-11-17-21-22.

DAILY THREE 9-8-2. $100,000 CASH GAME: 16-24-25-32-34. SUPER CASH: 18-26-29-35-37-42. 'Customers leaving the store often had to ask for directions on how the best way was to leave. It did hurt our business some, but not like having the street torn Elaine Shafer, Western Avenue store owner Elaine Shafer, floor manager for Crossroads Religious Books Music at 3817 S.

Western said the biggest problem was with people trying to get out of the city. "Customers leaving the store often had to ask for directions on how the best way was to leave," she said. "It did hurt our business some, but not like having the street torn up," she said. truck drivers when they tried to find us," she said. Ardyce Folkerts, manager of Becky's Hallmark in the Western Mall, said the business impact wasn't that great.

"Most of our customers knew we were worth looking for, so they knew how to find us," she said. "But having it open for the day after Thanksgiving, that's wonderful timing. It won't hurt." Officials hopeful low-income people S.D. to receive S53M in federal highway funds win yei leuerai ctiu lor riecturiy uins Bv DAVID KRANZ 1 R(Yi tn 2.000 households this wii By DAVID KRANZ 1,800 to 2,000 households this winter. The number of people that come on the program will make a difference in what you get.

Keep in mind that people don't turn to these programs unless they have to, but the colder it gets, the more you will see apply, especially if the cold weather comes Hugh Grogan welfare director 3,000 miles of highway, stretches that carry 41 percent of all traffic, were included in the designation. Besides the highway designation, the bill included provisions to free states from federally imposed highway speed limits and to remove penalties against states that don't require motorcycle helmets to be worn. Although the highway bill was almost two months late, South Dakota was able to continue letting projects for construction and repair because it had other road money available, Howard said. The state receives about $118 million in federal highway money a year, he said. South Dakota needs every dollar it can get, Howard said.

A backlog of $526 million worth of highway projects looms, in spite of efforts to economize within the department so more money is directed toward construction and in spite of a decision by the 1988 Highways See 4D By TERRY WOSTER Argus Leader Staff PIERRE Federal approval of a national highway system means $53 million for road projects in South Dakota, Transportation Secretary Dick Howard said Wednesday. The money had been held back for almost two months while Congress argued over the bill, Howard said. "We didn't miss any projects because of it, but it would have gotten serious awfully soon if they hadn't come to agreement," he said. Four years ago, Congress set a deadline of Sept. 30, 1995, for designation of a new National Highway System.

Because the system hadn't been finalized by that deadline, about $6.5 billion in highway funds, including South Dakota's $53.3 million share, were withheld. The bill, passed by both houses and sent to President Clinton, designates about 42,000 miles of roads across the United States as part of the National Highway System. In South Dakota nearly Argus Leader Staff The federal government might be running again, but South Dako-tans are still waiting to learn if they'll get help with heating bills. Abby Rathburn, administrator of the program for the South Dakota Department of Energy Assistance, said she still hopes to receive an expected $5.5 million. "I am optimistic, but I don't know what I base that on," she said.

Rathburn said the state has some advantage this year because it has a $1 million contingency fund accumulated when the federal government gave the state money to help pay air-conditioning bills. The state decided to save the money for the heating program. "But if we receive the $5.5 million, that will be less than we normally receive. With that other money, we would be able to serve the same amount of people," she said. That money will be directed to applications from those 62 and older, which have been processed already.

The state usually provides assistance for 17,000 to 18,000 house- "With everything that has happened this year, the concern I have is that if all the money isn't there, I am guessing we will have some level of funding," said Grogan. "The number of people that come on the program will make a difference in what you get. Keep in mind that people don't turn to these programs unless they have to, but the colder it gets, the more you will see apply, especially if the cold weather comes Cathy Brechtelsbauer, a member of the Children's Agenda for South Dakota, said people need to be concerned about what happens to people who can't afford necessities. She is concerned that the U.S. House of Representatives has already voted to cut the heating program.

"Heat assistance is only the first cut to hit home. There are cuts in almost every area that affects low-income people," she said. "It is enough to be cold, but wait 4 until people see the unfairness of it. The people in the military aren't even asked to share this." holds, she said. Each household can receive up to $330 a winter.

In addition to the $1 million, Rathburn said the state also has received $944,000 under the first continuing resolution passed by Congress. Hugh Grogan, Minnehaha County welfare director, said he hopes to receive $538,000 to serve.