European Stars And Stripes (Newspaper) - June 11, 1980, Darmstadt, Hesse                                Page 4 the stars and stripes wednesday june 11, 1980 zoning Rule supreme court says Monicia ivies have High to rest Rich land development to preserve space Washington up the supreme court acting on an Issue of nation wide Impact ruled unanimously tuesday that municipalities do not violate a property owner s rights in restricting development of land to preserve open space. Ruling in a Case from Tiburon. Calif., the court said municipalities have the Power to protect their own space from Urban development. Viron mentalists said the decision will affect land use regulations All around the country and without it. State and  governments would have been crippled in try ing to make the Best use of property. The decision  a blow to a couple who bought property on a Scenic Ridge Overlook ing san . But were barred from building a Home there because of Tiburon s decision to preserve the land As open space. In other actions tuesday the High court ruled -2  a prosecutor May. On . Use a criminal defendant s silence prior to arrest to discredit his trial testimony ruled unanimously that a Veteran is entitled id accrue supplemental unemployment benefits while lie i in the military. Upheld the  of Washington stale s  and  lax on reservation purchases by . But held state motor vehicle Mobile Home camper and trailer taxes cannot be imposed a India owned vehicles whether or not they arc used on the reservation. Ruled 8-0 that a state May tax a por lion of an Oil company s exit. They neither prevent the Best use of s land nor extinguish a Funda i but of  wrote pow new moves by Garwood May delay desertion trial Camp . . A armed with a new team of lawyers. Marine pfc. Robert Garwood has launched what May be a final barrage of motions before going on trial on charges of desertion and collaboration with the enemy in Vietnam. Garwood and his lawyers hied a Long list of motions monday which May delay the Start of his court martial on june 30. The 34-year-old Indiana native is accused of deserting and helping the vietnamese communists during the nearly 14 years that he spent in Vietnam. Bul Garwood who returned to the United states in March 1979, claims he was held prisoner during that time. He could face life in prison if convicted. The defendant s lawyers argued that the commanding general of Camp la june Brig. Gen. David b. Barker should testify at the hearing and explain Why he ordered a. Court martial Tor Garwood. Gar Wood s lawyers argued that the strict set of military rules preceding a court mar Lial was not followed in this Case resulting in what defense lawyer Vaughan Taylor called the extremely unusual Way in which this Case got to  col. . Switer. The trial judge put off making a ruling until reconvening of the court wednesday. Garwood who has been wailing for Dis position of his Case for More than a year went into court monday with his new team of lawyers together for the first time. In addition to Taylor Garv quod is rep resented by civilian lawyer John c. I owe a Charloe Tasville va., attorney and Marine corps lawyer Lewis Okchin. The View lawyers said they planned to argue at least 32 motions during the hear ing including several concerning technical aspects of previous proceedings. The lawyers also said they plan to seek iranian executed for killing guard Tehran up the revolutionary prosecutor in the Southern town of Ahwaz sentenced a Man to death for killing a revolutionary guard a year ago pars news Agency has reported. The Man faced a firing squad at Dawn the Agency said. The executed Man had confessed to the killing but later pretended to be insane by swallowing frogs and eating rats the Agency said. Bul the prison psychiatrists after exam ining him. Declared he was not insane pars said. Blast injures bomb expert Dungannon. Northern Ireland a a British army bomb disposal expert was badly wounded Here when a device he was trying to defuse exploded a few feet in front of him. In liar  reported. Documents concerning vietnamese refugees and materials dealing with reported sight Ings of americans who were allegedly in Vietnam after the bulk of american pos were released in 1973. Garwood began the pretrial round of hearings with two other Marine lawyers and civilian attorney Dermot Foley of new York who had been on the Garwood Case since a few Days after the defendant came Home. But it was announced in court monday that Foley was not connected with the Case. No explanation was Given. In a Telephone conversation with the Jacksonville daily news from his new York office Foley said he would have no comment on the move until later. First state. Unanimously adopted a report Stab Lis him the Boundary Between California and Nevada from Oregon to the Colorado River As lines surveyed in 1x72 and 1892. Writing for the curl in he tuning Case. Justice Lewis Powell said the state of California has determined that the development of local open space plans will disc rape the premature and unnecessary conversion of open space land to Urban uses the specific zoning regulations at Issue Are exercises of the City s police Power to protect the residents of Tiburon from the ill effects of urbanization. Such governmental purposes Long have been recognized As legit  dispute was brought to the nigh court by Donald and Bonnie Agins owners of five acres on the Ridge in Tiburon. They claimed their land had greater value than any other suburban property in California with magnificent views of san Francisco  but Tiburon. As part of its land use policy passed a Law restricting development of the properly to five single family Resi Dences. _ the Agins claimed the zoning ordinance took their property without just compensation and sued the municipality for $2 Mil lion. Tuesday the High court rejected their arguments ruling the Agins have the option of developing the land in compliance with the ordinance. Although the ordinances limit Duvel Al this juncture the Agins arc free to pursue their reasonable investment expectations by submitting a development plan to local  Powell wrote thus it cannot be said that the Impact of general land use regulations has denied them the Justice and fairness guaranteed by the Constitution House praises military s ill fated Iran Rescue bid Washington a the House tuesday commended . Military person Nel who participated in the failed attempt to Rescue the american hostages in Iran. On a 400-0 vote the House passed a Resolution which also recommends that presi Dent Carter consider awarding the appropriate military decorations to those involved. Although there were no dissenting votes. Rep. Ted Weiss . Voted present. A spokesman for Weiss said the congressman feels the Rescue Effort was an untimely at tempt that could have jeopardized Diplo Matic attempts to free the hostages. The measure which now goes to the sen ate Stales that the american people stand As a nation United in our determination to achieve he Safe return of our  eight americans died last april when two . Aircraft collided during the withdrawal of the personnel after the president decided that the Mission should be aborted. Alex Cwik a 1.1 months old plays Ich to monitoring do ice that sounds n ready to ring him Back to life alarm if he stops breadline Hile islet. Alex son of Bob and kill Cooper of   a., suffers from Pnra or cessation of breathing. A