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University Daily Kansan
Lawsuit to decide home rule rights in Kansas City
By NANCY DRESSLER
Staff Writer
Separation of powers between cities and the state of Kansas will be tested for the first time in a lawsuit involving a radiation therapy center at the University of Kansas Medical Center, John Martin, assistant state attorney general said recently.
The suit was filed by the state in Wyndow County District Court Dec. 13 and contested the efforts of Kansas City, Kan., to collect a $80,000 building permit fee on the
"This is the first time any city has attempted to enforce collection of a building fee against construction of a building on state-owned property with state-owned funds." Dr. Amy Wong, a member of Kansas College of Health Sciences and Hospital, said recently.
DYSART SAID a federal grant of $850,000 could help to finance the center's construction could have been lost if the city's effort to repair its citrus plant had delayed construction of the center.
so scheduled.
Construction of the building has continued as scheduled. A restraining order issued by the court prevented any delays until a judge could review the case.
Dresert, who will prosecute the case,
expects to file his legal brief giving the
case to the court.
The slate is issuing the city for attempting to collect the see. No damages are being made.
The issue in the case is a legal one involving the concept of home rule.
Home rule has been adopted by Kansas City. Dysart said, which makes the city an independent body governed by its own set of ordinances and statutes.
"It's a way to deconfereal state government." Dysart said. "Home rule isolates the government."
With home rule, the city can require a building constructed within its limits to conform to its building codes to insure the safety of the buildings. Dysart said.
satisfies all requirements in a City had enforced home rule by demanding payment for the building permit.
The state moved to block payment of the permit to maintain control over the center's property.
Events
KANSAN
On Campus
TODAY: THE SOUTHWESTERN BELL DISTRICT MANAGERS CONFERENCE meets all day in the English Room of the Kansas Union. The STUDENT SOCIAL WORKERS meet at 11:30 in Alcove B of the Kansas Union. ADEAD FRIEDIES meet at an incove G of the Kansas Union. A CHEMISTRY LUNCHON is at noon in the Watkins Room of the Kansas Union. FINE ARTS has a luncheon at 12:54 in the Courtial room of the Kansas Union. Auditions for SUMMER OF FUN are at 3 in the Big Eight Room of the Kansas Union. The UNIVERSITY COUNCIL meets at 3:30 in 108 Blake Hall.
TONIGHT! The SUA BRIDGE CLUB meets at 6:30 in Parors A and B of the Kansas Union. The CHANCERY CLUB meets at 7 in the Forum Room of the Kansas Union. The KU HONORS STUDENTS ASSOCIATION meets at 7 in the Jayhawk Room of the Kansas Union. A SHAKESPEA SYMPOSIUM is at 7 in the Regional Hall of the Kansas Union. The GRADMED meets at 8 in the University of the Kansas EDWARD GATES presents a piano recital at 8 in Swarthout Recital Hall as part of the Visiting Artist Series.
TOMORROW; THE CREATIVE FANTASY SOCIETY will meet at 11 in Parlars A and B of the Kansas Union. For more information, Call Paula Helme. 864-2088, after 6 p.m. CAMPUS CRUSADE will meet at 7:30 the following Friday, September 15. FRENCH GINSBURG. St. Louis senior, will present a student soprano recital at 8 in Swarthout Recital Hall.
"The question is whether any city under the state's constitution and state laws has the right to control any lawful activity within the city on state property." Dysart said.
The unique and technical nature of the radiation center. Dysart said, required strict supervision of its construction to assume responsibility with state and federal city standards.
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When completed, the radiation center will house high-powered X-ray equipment that will be used to treat cancer patients. The center will use a specially designed concrete standing to prevent radiation leakage.
"that situation has potential danger in dealing with radiation," Dysart said. "The reason is that it will be hard to see."
He said state and federal safety codes were more precise and technical than those
"If city codes were applied to this building, they would not be strict enough. A
city building inspector should "know what city building inspector supervises the construction," Dyasst told reporters.
A group of professionals, including architects, are overseeing construction of the center under the jurisdiction of the Med Center and the building's contractors.
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appealed to the state supreme court unless the amending sentence intervenes by the same statute applicable to the case.
The $3.5 million radiation center is partly funded by a state appropriation of between $1.8 and $2 million, Carl Manstaff, chairman of the Center for radiation therapy at the Med Center, said.
"I hope the legislature will address themselves to this issue and pass a statute that would not allow a city to collect a city permit fee for state construction on state property funded by state funds." Dysart said.
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Films
Dysart said a statute passed by the legislature probably would decide the legal question of the separation of powers between the city and the state.
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If home rule was granted in the case.
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Thurs., Jan. 26, 7:30 p.m.
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Fri., Sat., Jan. 27-28
3:30, 7:00, 9:30 p.m., Woodruff Aud.
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A decision in the case is not expected for several months. A brief will be filed by an attorney for Kansas City in response to Dysart's brief.
Kansas City would have the authority to tell contractors how to build the center, Dysart said.
Dsyart said the case probably would be
startsurer.
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THE CAMERAMAN Keaton
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FILM written by Samuel Beckett.
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Monday, Jan. 30
7:30 p.m. $1.00. Woodruff Aud
Dinner
Dancing
Hillel Opening Event
for Students and Faculty
Sunday Night
January 29
7:00 Dinner-Dance following Music by "Harvest"
75 $ ^{c} $
Jewish Community Center 917 Highland Drive 1 block east of Iowa
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