European Stars And Stripes (Newspaper) - June 27, 1987, Darmstadt, Hesse Page 4 the stars and stripes saturday Juna 27.1987 Public authority on private land limited Access must have specific purpose Washington a the supreme court in for land developers Friday limited the Power of government regulators to Grant Public Access to Pri vate property. The ruling was handed Down As the court concluded its 1986-87 term and Justice Lewis f. Powell a Moder ate who has been the Pivotal Vole on Many close Deci Sions announced his retirement from the Bench. Powell was part of the 5-4 majority in which the justices overturned a decision by California officials that gave the Public the right to walk along beachfront supreme court Roundup property Between the Ocean and a couple s Home with out compensate he homeowners. The ruling May curtail governmental authority to impose diner restrictions and obligation for property own the ruling was couched in terms that make it far leu sweeping than some government regulators feared would be the outcome of the closely watched Case. Justice Antonin Scalia writing for the court said granting Public by com to private property or any government limitation on private properly development must be tied directly to a specific justifiable Public purpose. A condition placed on development � unconstitutional if it utterly fails to further the end advanced a the justification for the prohibition Scalia raid. Friday s Case involved the right of James and Mari Lyn Nollan to bar people from crossing Back and Forth across their beachfront property overlooking the Pacific Ocean in Ventura Calif. The Vollans decided in 1982 to replace a deteriorating Bungalow on their Faria Beach property with a three bedroom two Story House. The California coastal commission said in Exchange for the building permit nearly one third of the 3, property must be set aside for the Public to Cross Back and Forth. The commission was created in 1972 to protect the stale s coastline As a natural resource belonging to All the generally the Public owns a state s Shoreline up tothe part covered by mean High tide. In California and most other states the dry portion of the Beach above the High water Mark can be privately owned. The Vollans said that if the pubic is to have Access to their property they should be paid. The Constitution forbids the government from Tak ing private property without just compensation. The court Friday agreed with the Vollans. The coastal commission said that granting the pub Lic Access to the Beach was designed to protect the Public ability to see the Beach and id prevent Beac congestion. In other action the court refused to condone a jail policy authorizing body cavity searches of All people arrested and booked the court without comment let stand a ruling that such a Monroe county n.y., jail policy violates some people s privacy rights. Allowed the government officials to hold a plane Load of More than 17 million in Cash jewelry and other valuables seized from former philippine president Fer Dinand Marcos when he Ltd to the United states last year. Let stand a ruling that a stale May la liquor and wine imported from other states while exempting Alco Holic beverages produced within the stale. The justices citing the Lack of a properly presented Federal question rejected arguments by a liquor distributor that Georgia s import taxes interfere unduly with interstate Commerce and violate the Constitution s equal Protection guarantees. Postponed a decision on whether the government May strip . Citizenship from a new Jersey Man accused of helping nazis kill More than 2,000 jews ii Lull w a Aalim. Jul Hlf a we i a. -. Casey testimony contradicts findings by Tower report on Reagan s role a n run Ria him. That Mann had most Likely Ann roved feb. 20 Leller to the commission saying wet Khz attorney Mary Dunlap vows to fight thu Ruby i supreme court ruling gang the is. Olympic con Nettee authority to bar the use of the word olympic for by athletic Gwen. Lithuania in 1941.the court said it will rehear arguments in the Case of Juozas Kungys 71, when uie justices return from heir summer recce on the first monday of october. The properly Case is Nollan is. California coastal commission 86-1-133. Washington up Cia direct Lor William Casey in secret testimony released Friday said Israel initiated tic fint arms sales to Iran in 1985 without president Reagan s approval an Asser Tion inter contradicted by the Tower s secret testimony Given nov. 21 to intelligence com Mitilee was declassified and release nearly two months after his death. Init he described Reagan As being unaware of Israel s August 1985 ship ment of .-made Tow missiles Loran. Casey said the United states in cd agreed to replenish Israel i weapons stocks after first expressing its displeasure to the israeli government of the Sale to Iran. The Tower commission appointed by Reagan to investigate the Iran Centra affair concluded in its february report that Reagan had mos Likely approve the israeli shipment in Advance. It is of Paramount importance the commission said that the president never opposed the idea of Israel Transfer ring arms to whether Reagan approved the august19s5 shipments is a key question be cause the president did not formally certify the shipment of arms to Iran As required by Law until january 1986.former National Security adviser Rob Ert Mcfarlane told the Tower commis Sion that Reagan gave Advance approval to the first israeli shipment and instructed Mcfarlane to pass the message on to the Regan when he was while House chief of staff presented a version similar to Casey a saying Reagan was informed of the israeli Sale after the fact and was upset at the news according to the commission report Reagan gave three versions to the commission. He first told the commis Sion he had Given Advance approval of the August 19b5 shipment. Then in later appearance he said he had not Given prior consent. Finally he sen a feb. 20 Telle to n saying the simple truth is 1 Don t remember the Tower commission endorsed Mcfarland s account thai Reagan approve the arms Sale five months before signing the written finding required by la whenever the United Stales undertakes Covert committees released Casey s Testi Mony hours after assistant attorney general Charles Cooper disclosed that in preparing Casey s remarks. While House aide it. Col. Oliver North pro posed that Casey deliver false testimony denying any . Involvement in the 1985 also said Casey and former National Security adviser John Poindexter who attended the nov. 20 planning ses Sion with North raised no objections tothe Marine colonel s proposal. Casey did nol deliver North s Inser Tion because of vigorous opposition from a slate department , before his death had been sharply criticized by members of the intelligence committees for a Lack of can Dor. . Lifespans hit record 75 new York a american life expectancy has reached a re Cord 75 Yean according to insurance company figures released gain came after two years in which average life expectancy had remained steady at 74.7 years. Preliminary calculations showed thai a girl bom in i9s6 could be cup cited to live to age 78w and Aboy to 7lift, metropolitan life expected lifespan was even greater for those who were who reached age 65 last year had an average oflb.9 More years to live and men 14.7 years. Longer life was achieved de spite increases in mortality front influenza aids and Sai Stanley Kranczer metropolitan life mortality fell to an Esti mated record Low of 10.4 deaths per 1,000 live births in 1986, Kranczer said. It was the 24th consecutive year of decline in the in Fant death rate. 2 polyps found during routine Reagan exam i _.
