Argus-Leader from Sioux Falls, South Dakota • Page 17

State- Argus Leader, Sioux Falls, S.D. Friday, August 5, 1983 LQCfll briefing State lawyers want briefs filed sooner in ETSI appeal RAPID CITY (AP) The attorney general's office wants the state Supreme Court to suspend a rule allowing a lawyer for western South Dakota landowners 45 days to prepare legal briefs in an appeal of an ETSI water permit. Landowners from Lawrence and Meade counties have appealed a judge's decision, upholding a water permit to Energy Transportation Systems Inc. Normally their lawyer, Jacqueline Huber, would have 45 days to prepare legal briefs in the case. But the attorney general's office wants the high court to suspend the rule in this case and have the briefs in sooner.

Dan Doyle, an assistant attorney general, said the state loses money every day that the court can't make a decision on the South Dakota Water Management Board's vote giving ETSI a permit to buy Missouri River water. Until the permit is affirmed, ETSI can't pay its 2 million to the state as its contract requires, Doyle said. South Dakota uses the ETSI money for water projects. Huber said requiring the briefs in fewer than 45 days is unrealistic because of the complexity of the case. She quoted one of her clients, Henry Bruch of Sturgis, as saying: "This is another example of the hurry-hurry that we've always been up against in regard to the ETSI pipeline project hurry and get it done before the people realize what's happening to their water and their water rights." Spearfish has leads on art vandals Group supporting peace march plans picnic Some Sioux Falls residents are planning a picnic to get support for a peace march in Washington, D.C., later this month.

The group will meet at 2 p.m. Sunday in Terrace Park to provide information on a march Aug. 27 commemorating Martin Luther King's "I Have a Dream" speech in 1963. Sunday's program will include live music, children's games, a raffle and prizes. Mitchell's KDLT switches from ABC to NBC MITCHELL Effective Aug.

22, Mitchell television station KDLT will become an affiliate of the NBC television network. The announcement was made Thursday by Tony Cervini, NBC's vice president of affiliate relations, and Hal Greene, KDLT general manager. KDLT now has the ABC-TV network. ABC is switching to KSFY-TV in Sioux Falls, which is now the NBC station in the Sioux Falls market. Moving to NBC is a logical step for KDLT, Greene said.

He said he's impressed with the network's news and entertainment programming. KDLT is owned by DakotaLand Broadcasting, headquartered in Rapid City. Math, science teachers nominated for honor Seven Sioux Falls teachers are nominees to be South Dakota's candidates for the 1983 Presidential Awards for Excellence in Science and Mathematics Teaching. They are math teachers Kenn Anderson and Ray Christensen, Edison Junior High; Deanna Hansen and Elva Weeldreyer, Patrick Henry Junior High; and Bob Leiferman, Washington High; and science teachers Obed Hofer, Whittier Junior High; and Marvin Seines, Patrick Henry. Carol Siska of Harrisburg High School and Gary Stensaas of Brandon Valley High School, both math teachers, also were chosen.

They are among 57 South Dakotans nominated for an awards program sponsored by the National Science Foundation. Four will be chosen to represent the state in national honors. Kundert admonishes people who don't vote Voter turnout in South Dakota is better than in other states, but thousands of people stay home on election day, a state official told a group of young Republicans. Alice Kundert, secretary of state, said only 65 percent of the state's registered voters cast ballots in November 1982. The 1980 general election had a 73 percent turnout, she said.

"Government affects everybody in so many ways it is unbelievable that people don't take just a few minutes on election days to vote," she said. "I guess if you don't vote, you can't complain when our elected officials do something you don't like." Kundert spoke to the Teen-Age Republicans at their camp and convention in the Black Hills. Lt. Gov. Lowell Hansen, State Auditor Vernon L.

Larson and Jeff Solem, public utilities commissioner, also are scheduled to address the group. Six students from southeastern South Dakota are attending the camp: Kaarin Kolberg, Stephanie Murtha, Christie Wilson, Mike Zeno-bi and Morgan Kolberg, all of Sioux Falls, and Gary Borgers of Marion. Three students are runnning for Teen-Age Republican chairman: Randy Califf of Armour, Jeff Mortimer of Pierre, and Aria Tschetter of Huron. The chairman will be elected this week. SPEARFISH, S.D.

(AP) The Spearfish police chief says leads have developed in the vandalism of a work of art valued at $12,000. The piece was a "Termesphere" a painting rendered on a 6-foot molded, plexiglass sphere. It had been on display in a city park for a month before being vandalized last weekend. "It would be nice to know what the logic of the vandals is," the artist, Dick Termes of Spearfish, said. "Who are they trying to punish? A work of art on display like that belongs to the public.

I guess they're mad at the public, so they take it out on the art." The, work, titled "Spherical Thinking," belongs to Termes. He had leased it to the city and the Spearfish Area Council on the Arts and Humani ties and had hoped to sell it to the city. It was not insured, and Termes said it cannot be repaired. Patrolman Ed Vopat, who is in charge of the investigation, said whoever destroyed the work was serious about doing damage. The concrete blocks on which the sphere rested had been broken loose from the mortar, he said.

Jerry Boyer, president of the Spearfish arts council, called the vandalism sickening. The sphere, rotated by a small electric motor and illuminated inside, had become a community conversation piece. "People would go down to the park and just sit there for an hour watching it," Mayor Wilbur Trethway said. Clowns provide chair El Riad Shrine clowns present a wheelchair to Joshua Peterson, 3, a victim of a regressive enzyme disease, Thursday at the Crippled Children 's Schoolenzyme disese, with the $860 chair fitted with braces. IHis mother, Jean Peterson of Salem, said she had been unable to get any help to buy the $860 chair with' braces until the Shriners raised 'money for it.

Joshua's brother, Lance, 4, was with him when clowns Rollin Craft, David Rowe and Don Bailey presented the gift. Deaths Sioux Falls George Sercl George E. Sercl founder of Sun-, shine Food Markets in Sioux Falls, JCi iied Wednesday in McKennan He was 79 and lived at 2520 Mary i' 'knoll Drive. State briefing Mr. Sercl was born May 5, 1904, jn Valparaiso, and moved Lincoln, when he was a -oj young man.

He at- ter's degree from the University of South Dakota in 1972. He had been the director of planning and training at the state penitentiary since 1976. He was a member of the New Home Lutheran Church in Mitchell, Lions Club and Moose Lodge No. 875. Survivors include his wife; two sons: Billy and Barry, and a daughter, Betsy, all of Mitchell; his mother, Mrs.

Charlotte Dietrich, New Jersey; and two sisters: Mrs. Julius (Charlotte) Schlindwein and Mrs. Dorsie (Inge) Kerlin, both New Jersey. Services will begin at 10 a.m. Saturday in the New Home Lutheran Church, Mitchell, with burial in the church cemetery.

Visiting hours will be from 7 to 9 tonight in the Bittner Funeral A memorial fund has been established. Phyllis Weatheriy ROCK RAPIDS, Iowa Phyllis Weatheriy, a Rock Rapids resident, died in her sleep. She was 75. Arrangements are pending at the Jongewaard-Roste Funeral Home in Rock Rapids. tended the Uni- yersity of Nebras ka.

He opened the Cornhusker Meat Darlene Ehleringer CURRIE, Minn. Darlene Ehleringer, a Luverne, resident for the past 27 years, died Wednesday in Redwood Falls, Minn. She was 46. Darlene Johnson was born June 17, 1937, in Slayton, and grew up in the Slayton and Currie areas. She attended schools there and graduated from high school in the Twin Cities.

She married Ronald Ehleringer in 1956 in Currie. She was a member of the Immaculate Heart of Mary Church in Currie and more recently, a member of St. Catherine's Catholic Church in Luverne. Survivors include her husband; two sons: Kim, Pipestone, and Danny, Currie; and three brothers: Douglas Johnson, Riverton, and Clinton Johnson and Duane Johnson, both of Slayton. Services will begin at 10:30 a.m.

Saturday in the Immaculate Heart of Mary Church in Currie. Burial will be in the church cemetery. Visiting hours will begin after noon today in the Engebretson Funeral Home, Luverne. A prayer service will begin at 8 tonight in the funeral home. Elsewhere John Schoenfelder CLUTIER, Iowa John J.

Schoenfelder, a former Iowa teacher and girls' basketball coach, died July 30 in St. Francis Hospital, Waterloo, Iowa. He was 78. Mr. Schoenfelder coached girls' basketball in Clutier for many years, including a state championship team in 1942.

He retired in 1974. He also taught schools in Leland, Earlville, Palmer and Urbana, Iowa. Survivors include his wife, Pearl; three daughters: Judy, Janet and Kansas cancels Sept. 4 state fair performance HURON The rock music group Kansas has canceled out of a Sept. 4 appearance at the 1983 South Dakota State Fair.

Fair officials said it was mutually agreeable with the state fair commission because ticket sales weren't going well. Benj Stoick, fair commission chairman, said the replacement for the Sunday night show Sept. 4 will be late-model championship auto races. People who already have bought Kansas tickets will be able to exchange them for any of the other grandstand shows or get their money back, officials said. Mitchell gas leak may be from service station MITCHELL Gasoline residue was taken from a test hole Thursday as officials tried to determine the source of a gasoline leak in the southern part of Mitchell.

The gas was detected in the city's sanitary sewer system earlier this week after one resident complained of gas fumes in a home. First Interstate seeks approval of bank deal PIERRE First Interstate Bancorp of Los Angeles, which said in April it had reached agreement to buy a South Dakota bank so it could enter the insurance business, has formally applied for state approval of the deal. The bank has given the state 50,000 in filing fees and 5,000 to cover the cost of a public hearing on its application to buy the Big Stone State Bank in Big Stone City, Gov. Bill Janklow announced Thursday. In addition to needing the approval of the South Dakota Banking Commission, the deal must be approved by the Federal Reserve Board.

First Interstate wants to take advantage of a South Dakota law that allows state-chartered banks to own insurance companies around the nation. Federally chartered banks are barred from entering the insurance business. First Interstate is the nation's eighth largest banking company. Ray Finley in Lincoln i in 1928. He mar- George Sercl ried Lenore Studnicka June 16, 1930, and moved to Sioux Falls in 1931, he started the first Sunshine Store at 204 S.

Phillips Ave. He retired in 1971 after 40 years in the grocery business and after having established 13 stores in the Sunshine yA Food Markets chain. Mr. Sercl was active in community -affairs and had been a member of St. Catholic Church.

He was a of the 4th Degree of the Knights of Columbus. He also be longed to the Minnehaha Country Club, the Elks Club, Kiwanis Club and was past director of the National Bank of South Dakota. Survivors include a son, George E. aj" Sioux Falls; two daughters: Mrs. JEFFERSON, S.D.

Ray Finley, a Mel (Elizabeth) Kopf, Topeka, and Mrs. David (Julaine) Myhra, Reston, six grandchildren; and a sister, Mrs. Mary T. Bamber, Phoenix, Ariz. A funeral Mass will begin at 9:30 a.m.

Saturday in St. Mary's Catholic Church. A parish scripture service will begin at 8:30 p.m. today in Miller Funeral Home. The family requests that memorials be directed to the O'Gorman Foundation.

Curtis Johnson Curtis Ray Johnson, 14-year-old son of Richard and Gertrude Johnson, rural Brandon, drowned Thursday near Rowena, S.D. Arrangements are pending at George Boom Funeral Home. Area Herbert Van Engen DOON, Iowa Herbert Van Engen, a Doon resident for many years, died Thursday in the Marian Health Center, Sioux City, Iowa. He was 54. Mr.

Van Engen was born May 14, 1929, in rural Doon and attended Doon Christian School. He married Harriet Kraayenbrink Dec. 8, 1950, in Doon. Survivors include his wife; three sons: Allen, Inwood, Iowa, Jay, Hull, Iowa, and Roy, Doon; three daughters: Mrs. Alan (Gail) Andringa, Sheldon, Iowa, Mrs.

Clyde (Carol) Lems, Doon, and Mrs. Allen (Wanda) Koedam, Rock Rapids; his mother, Mrs. Jacoba Van Engen, Grand Rapids, 15 grandchildren; and two sisters: Mrs. Wendell (June) Voet-berg, Caledonia, and Mrs. Dave (Jacky) Baas, Broomfield, Colo.

Services will begin at 2 p.m. Saturday in the Christian Reformed Church, Doon. Burial will be in the Hillside Cemetery, Doon. Family visiting will begin at 7 tonight and continue until 8:30 in the Porter Funeral Home, Rock Valley. William Dietrich MITCHELL, S.D.

William "Bill" Dietrich, a South Dakota State Penitentiary official and a Mitchell resident, died suddenly Tuesday in St. Joseph Hospital. Mitchell. He was 39. He was born Dec.

29, 1943, in Mellrichstadt, Germany. He came to Hasbrouck Heights, N.J., in 1950 and grew up and attended school there. He graduated from Hasbrouck Heights High School and served in the U.S. Army for two years. Mr.

Dietrich moved to Mitchell in 1967 and married Beverly Veurink Aug. 14, 1970, in New Holland, S.D. He graduated from Dakota Wesleyan University in 1970 and received a mas Records- resident of Jefferson for many years, died Sunday in the Marian Health Center in Sioux City, Iowa. He was 76. His wife and two brothers preceded him in death.

Survivors include a nephew, Dean Finley, and a niece, Joy Crisp, both of Sioux Falls. Services were Tuesday with burial in Jefferson. John Birger FAIRFAX, S.D. John Birger, a lifelong farmer in the Fairfax area, died Tuesday in the Burke Hospital after a long illness. He was 66.

Mr. Birger was born June 17, 1917, in Winner, S.D., and married Emma Dolejsi Feb. 18, 1946, in Fairfax. He was engaged in farming all of his life. Survivors include his wife; one daughter, Shirley Wieman, Sioux Falls; two grandchildren; one brother, George, Brandon, Manitoba, Canada; three sisters: Bessie Warejcka, Geddes, S.D.; Marion Birger, Yankton; and Emma Besmer, Gregory, S.D.

Services will begin at 10:30 a.m. today in St. Anthony's Catholic Church, Fairfax. Burial will be in Highland Cemetery, Fairfax. Mrs.

Joan waters, all of Marshall-town, Iowa; five grandchildren; and a sister, Mrs. Laurence Grotewold, Larchwood, Iowa. Services were Tuesday in the Immaculate Conception Catholic Church, Clutier, with burial in the St. Wenceslaus Catholic Cemetery, rural Clutier. Arrangements were under the direction of Hand's Funeral Chapel, Clutier.

Sears Sears sale tab pull out section of August 3, advertising Wilson Athletic wear for kids incorrectly stating $11.99 set. This should have been stated 11.99 each. We sincerely apologize for any inconvenience this may have caused. FLEA MARKET Coliseum This Weekend Circuit Court Jeffrey G. Siegrist, 1904 E.

Spruce two counts of distribution of mari- juana, given a 12-month sentence with imposition suspended on conditions V04hat he: abide by his probation agree-j-i ment, submit to searches by law without warrants, and pay drug costs. Marceline Marquardt, passing an insufficient funds check in the first degree, given a 24-month sentence with imposition suspended on that she: abide by her probation agreement and make restitution for all outstanding checks at the rate of a month. William O. Donaldson, Dell Rapids, S.D., drunken driving, third offense, was given a two-year prison sentence, with imposition suspended on conditions that he: abide by his probation agreement, pay a $500 fine plus $12 in costs and refrains from driving in 1 1- South Dakota for one year. Roland Blue Dog, 517 W.

11th second-degree burglary and second- a -degree petty theft, was given a two-v year prison sentence, with imposition 3v suspended on grounds that he: spend ot 60 days in the Minnehaha County Jail, with credit for 69 days spent in alcohol treatment; make restitution in 12 months; not violate any other laws except traffic offenses; continue out-patient treatment; not possess any "Jl toxic or solvent substances for 15' months, the time of his probation. Todd Patrick Lambertz, Brandon, first-degree injury to property, "was sentenced to seven years in the South Dakota State Penitentiary. Births OUT-OF-TOWN A girl to Mr. and Mrs. Douglas oi Smook, Colorado Springs, Wednesday.

ADOPTION A boy to Layne and Marcia Bur- gess, Canton, S.D., Tuesday. SIOUX VALLEY HOSPITAL A boy to Bruce and Jolene Blankley, -1708 W. 37th Thursday. A boy to Bill and Delia Ranschau, Rock Valley, Iowa, Thursday, McKENNAN HOSPITAL A boy to John and Ann Hovdenes, 1417 East Fifth Street, Wednesday. A boy to Kevin and Cheri Severson, 3034 Bragstad, Wednesday.

NOTICE In respect for George Sercl, founder of Sunshine Food Markets, Sunshine will be closed on Saturday, 9:00 A.M. to 10:30 A.M. so our employees may attend his funeral. OurCrc LEE W. MOONEY Boulder, Colorado Formerly Sioux Falls Committal services will be 10:00 a.m.

Friday at Wood-lawn Cemetery. Millers. GEORGE SERCL. SR. 2520 Maryknoll Drive The Funeral Mass will be 9:30 a.m.

Saturday at St. Mary's Catholic Church. There will be a scripture service 8:30 p.m. Friday in Millers Chapel, followed by Rosary. Millers.

DELIA OBERG 2100 E. Walnut The service will be 1:30 p.m. Saturday in Millers Chapel. Millers. flBBBSS.