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Tuesday, October 30, 1990/ University Daily Kansan
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Regents seeks dismissal of suit concerning radioactive landfill
By Mike Brasstfield
Kansan staff writer
The Board of Regents filed a motion Thursday to dismiss a lawsuit brought against the Regents by a Eudora woman concerning a radioactive dump next to her property.
Bill Session, a lawyer representing the Regents, said that a federal magistrate would rule on the motion to dismiss the suit but that he did not know when a ruling would be announced.
Jean Martin, Eudora resident, filed the suit July 24 in the Federal District Court of Kansas in Kansas City, Kan.
The suit asks the court to require the Regents to clean up the landfill and Martin's property, about 250 yards northwest of the landfill. The suit asks for a declaration that the site meets federal environmental statutes.
The University of Kansas used the site as a low-level radioactive dump from 1964 to 1982. The suit claims that toxic substances have leaked out of the landfill and onto Martin's property.
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Session said the Regents had filed for a dismissal of the suit because that Martin's lawyers had not completed all procedural requirements necessary to bring the suit.
Although the Regents are working to get Martin's lawsuit dismissed, they also are working with the Kansas Department of Health and Envi
Although the Regents are working to get Martin's lawsuit dismissed, they also are working with the Kansas Department of Health and Envirology to determine what methods should be used to clean up the landfall, Session said.
"We believe the University would much rather spend its resources on cleaning up the site than in litigation," Session said.
Session could not say when any decisions might be reached concerning the method used to clean up the landfill.
John Parisi, Martin's lawyer, said his office was moving forward with the suit.
Parisi said he had 20 days to respond to the motion to dismiss the suit.
"The University asked us to hold off for a while so they could decide what they were going to do." Parisi said. "We held up for a month, and nothing has happened. So now we're fighting it out."
On Oct. 1, Parisi filed a motion asking for permission to file an amended lawsuit, which refines the claims of the original suit.
"We keep hearing that the Martin property is going to be taken care of, but there has been no action," Parishi said. "We've done that, done we're going to sue."
Greg Crawford, director of public information services for the Health and Environment Department, said the department had drafted a proposal concerning cleanup of the dump. The department submitted the proposal to KU officials for approval several weeks ago, he said.
"We have a draft consent agreement that calls for additional investigation, monitoring of the site and corrective action," he said.
Crawford said he could not comment on the specifics of the proposal until the proper KU officials had reviewed it.
Women from two KU groups will speak at Fort Hays State
Kansan staff report
Kristin Lange, WSU member, said James Talley, director of the Associated Students of Kansas chapter at Fort Hays State, talked to her about participating in a forum at Fort Hays State on the power that students could have.
Members of Women's Student,
Union and February Daughters will speak at Fort Hays State University
her experiences as student activists.
Talley said, "There have been rumors of rage on campus, and I realized that I didn't even know if there were any rape survival organizations or crisis centers on campus."
At least five women will speak at an open forum Nov. 8. Lange said.
ations or courses between our campus. Lange said that sharing WSU's student resources for Fort Hays State students could be the start of a WSU chapter on the campus.
an open forum Nov. 8, Lange said,
Jennifer Roth, WSU member, said
it was important to make people
of the problems of sexual assault.
"We have to let people know the problem is everywhere." she said.
Talley said he hoped the forum would increase public awareness of sexual assault and lead to possible solutions.
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