Friday, February 24, 1989 / University Daily Kansan Bowersock Mill asbestos-free by Merceda Ares Kansan staff writer An investigation of asbestos removal at the Riverfront project site revealed no violations, a spokesman for the Kansas Department of Health and Environment said yesterday. Gary Miller, the spokesman, said the Bowersock Mills & Power Co. at Sixth and New York streets was checked Wednesday by an inspector from the health department and that no violations were found. A Lawrence resident's concern about asbestos being improper disposed of at the site initiated the investigation. He did find some asbestos in other areas (that weren't effected by demolition), but the only time you're required is remove asbestos when is you're going to remove the building or demolish it." Miller said. Mick Palmer sent a letter on Feb. 20 to the health department expressing his concern that conditions imposed under the Health and Environment asbestos permit had not been observed. Craig Templeton, director of corporate communication for Hall-Kimbrawl Environmental Services Inc., said asbestos, a naturally occurring mineral, posed no danger as long as it was not disturbed. "When it deteriorates or breaks down, it releases little tiny fibers into the air," Miller said. "If you inhale these over a long period of time, it will eventually build up and cause diseases in your lungs." David Longhurst, Lawrence businessman assisting the Chelsea Group, developer of the project, said if additional demolition was done at the site, necessary steps would be taken. Greg Nitcher, an estimator with All Temperature Insulation, said Kansas regulations had been followed in the asbestos removal. "The area in which we are working, from one end to the other, has had asbestos removed," Longhurst said. All Temperature Insulation, of Kansas City, Kan., removed the asbestos the last week in January and demolition began the first week "Hall-Kimbremb was doing testing to see where the asbestos was and where it wasn't." Nitcher said. "We were nothing out we were told to take out." Couple files suit on behalf of fetus by Mary Neubauer Kansan staff writer The parents of an unborn 149-week-old fetus are allowed to allegleighance and damages on their Hughes County judge rued Wednesday. District Judge Michael Malone issued the ruling in a case involving Brenda and Bennie Humes. The couple fled suit in 1987 against Dale L. Clinton, Lawrence physician, and Ala Corp., the California manufacturer, on June 16 to commence birth control device that Brenda flames had been using. He said any dispute about the viability of an unborn child, or its ability to survive outside the womb, was not logical. He said that if negligence conduct prevented a fetus from reaching viability, he would have been less responsible than if the negligence prevented the birth of a viable fetus. Shelly Hickman-Clark, Lawrence attorney and co-council for the Humers with John McCelland, Kansas City. M., attorney, said a fetus was determined to be legally viable at six months. In 1962, the Kansas Supreme Court ruled that parents of a viable fetus could bring suit for its wrongful death, she said. The ruling could have great impact. Hickman-Clark said, because it will require people to take care of and show proper duty for children from conception to viability. In the past, she said, people who caused the death of non-viable fetuses were not held responsible. Hickman-Clark said the ruling granted the doctor the right to appeal the case. Malone said he assumed that the case would be appealed. Hickman-Clark said the Humeses' suit alleged that the doctor and manufacturer were negligent in not making clear the effective life of the patient. Hickman-Clark said that Clinton ou not give Brenda Humes an alza patient information sheet, required by federal law, that spelled out the 12-month time frame and warning that she could become pregnant even with the device in place. Instead, she said, Clinton gave her his own information sheet that stated "pregnancies are rare" and that the device "should be changed about every 15 months." Thomas E. Wright, a Topek attorney representing Clinton argued that a non-viable fetus was not a person within the meaning of the state's wrongful death statute. Wright also argued that to allow the issue of pain and suffering to be presented to a jury based on the speculative chance that the fetus felt pain would allow the jury to award damages for a pain that the medical community is not certain exists. The Associated Press contributed information to this story. Budget requests will be reviewed again - Continued from p. 1 center that serves the community and the University, had its $18,060 request tentatively cut to $16,040. The university allocated $14,380 by Senate last year. about $5,000 last year. Women's Transitional Care Services Inc. had its request tentatively from $7,000 to $5,400. It received Hilton requested $8,943 for 1990 and $11,618 for 1991. The organization, which received $5,002 last year, reduced the cut to subtract it to $8,833 for each year. Eight of 20 budget requests were reviewed last night and more will be Budget requests will be reviewed at least one more time in order to bring requests in line with revenue, including Shirling, Student Senate Treasurer. reviewed Sunday, said Paul Leader. Derby junior and Finance Committee co-chairman. Patrick G. Brungardt/Special to the KANSAN The last stage Workers from W. A. Dunbar & Son Trucking and Excavating Inc., Lawrence, watch as concrete foundation are removed from the Bowersock Mills & Power Co., Sixth and New York streets. The removal is the las. stage of demolition preceding the Kansas Riverfront Plaza construction. Environmental group files lawsuit seeking to halt Riverfront project by Candy Niemann by Candy Niemann Kansan staff writer A lawsuit has been filed against the city of Lawrence in U.S. District Court in Kansas City, Kan., claiming that construction of the Riverfront project would endanger bald eagles that use the site as a refuge. A group of concerned citizens, Protect Our Eagles' Trees, filed its complaint Wednesday. In addition to the city of Lawrence, the suit names as defendants the Lawrence River Plaza Associates, the Lawrence Department of Interior and the Environmental Protection Agency. John Lungstrum, attorney for the Chelsea Group, developer of the project, said he thought POET's concerns were not environmental. ager, said the case would be referred to the city attorney. "My personal opinion is that this is a smokescreen being used to delay construction of the project," Lungstrum said. "I just can't take this lawsuit seriously. No corners were cut on this project. We investigated its environmental impact thoroughly." Robert Eye, attorney for POET, said trees that would be cut down for the Riverfront project were winter- based, but the project that depend on the area for feeding. He said the area had been designated as a critical habitat by the Kansas Department of Wildlife and Parks. Because the trees are near Bower-sock Dam, eagles roost and feed there. Eye said. The area is part of the Kansas River that does not freeze over in the winter when other areas do. "The eagles use those trees as perch trees and vantage points. They are crucial to the eagles' feeding process." Eye said. Mike Wildgen, assistant city man The Army Corps of Engineers issued a permit for building the mall in December, and construction began early this month. "A hearing on a temporary restraining order to prevent the developer from cutting down the trees is scheduled at 10 a.m. Monday, Oct. 26, District Court in Kansas City, Kan." Eye said POET's main complaint was that alternatives in location or design of the project were not sufficiently considered by the developers. The suit claims the defendants are in violation of the Clean Water Act, the Endangered Species Act, the Climate Change Act and the National Environmental Policy Act. But David Longhurst, Lawrence resident and representative of the Chelsa Group, said the developer had called in several experts to assess the environmental impact of the project. "And all the experts came to the same conclusion — that the project would not impact the eagles. We would be supported with construction." Longhurst said. Eye said that through the lawsuit, POET hoped to obtain an order from the court prohibiting the removal of the trees until the Department of the interior did a comprehensive biological assessment of the area and the Environmental Protection Agency in an environmental impact statement. Rock Chalk and Mister Guy enduring traditions of excellence for all generations of Jayhawks. ...Mister Guy of Lawrence,when you are serious about a wardrobe that is never out of style. 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