European Stars and Stripes (Newspaper) - November 20, 1991, Darmstadt, Hesse                                Wednesday. November 20, 1991 the stars and stripes a Page 5justices to review . Environmental Lawawan wants state to pay for devalued land Washington up a the supreme court agreed to review a Case concerning payment to property owners for lost Market value if a state prevents development of private land to protect the environment or for other reasons. The court said monday it will review South Carolinas 1988 beachfront management act which set limits on How close to the Ocean Homes could be built. The Law effectively turned what had been expensive beachfront property into land that lost much of its value because it could not be developed. A state court said the Law amounted to the taking of property which violated the fifth amendment. It ordered South Carolina to pay David Lucas More than $1.2 million for two plots of land he bought in 1986 near Charleston. But the states highest court in a 3-2 decision then ruled that the Law was a legitimate use of police Power and required no payments to Lucas. Lucas claims the state either must Grant him an exemption and allow him to build there or pay him what the property was Worth before the Laws passage. Lucas paid nearly $1 million for the property and planned to use one plot to build a Home for his family and the second to build a Home to sell on what was then valuable beachfront property. But the new Boundary lines a established to ease erosion and help protect natural wildlife habitat a prohibited the construction of any permanent Structure on the land. The fifth amendment says in part that private property shall not a be taken for Public use without just  prior cases have been categorized either As an exercise of police Power or of eminent Domain. In eminent Domain cases the state can take private supreme court property for Public use without the owner s permission As Long As fair Market compensation is paid. Police Power on the other hand involves state regulation a rather than an actual seizure a of property preventing its use in a Way that would harm the Public interest. Police Power actions normally require no compensation. The question to be decided is whether the use of legitimate police Power can become the equivalent of properly seizure thus requiring compensation. Also on monday the court let stand the sentence of an Oklahoma Man scheduled to die by lethal injection even though at his trial the court refused to Lei family members of his victims Tell jurors they did not want him executed. The High court during its last term ruled that jurors considering the imposition of a death sentence can take into account testimony from the murder victim s family about the emotional Impact of the victim s death. But the 10th . Circuit court of appeals ruled that does not give victims family members who oppose capital punishment the right to formally ask the jury that the killer s life be spared. The High court without comment let that ruling stand. And acting in another Case before beginning a two week recess the court said it would review a portion of Florida a capital punishment statute. The court will decide if. Convicted murderer Dennis Sochor is entitled to new sentencing in his 10s1 conviction because the Florida supreme court threw out one of four aggravating factors that led to his death sentence but failed to formally review the evidence to decide if the trial error was  the court will also decide whether another aggravating circumstance that the murder was Quot especially heinous atrocious or cruel a is unconstitutionally vague As used in Florida and some other  service to abandon Knickknacks sales by the Washington Post Washington a stung by congressional and Public criticism the . Postal service has ordered the nations 40,000 Post offices to Stop Selling to shirts Coffee mugs and other postal Memorabilia in their lobbies. The idea behind Selling merchandise carrying stamp images and postal logos was to boost revenues. But postal officials said the extra Money Wasny to Worth the criticism. A a we be been taking a lot of heat and not getting in the stars and stripes a lot of Benefit in return a on the Bottom line a said Peter Davidson the director of licensing for the postal service. The sales will end feb. 1. A in Brief we need to get Back to  said senior assistant postmaster general Richard j. Strasser or. In a nov. 12 memorandum directing postal employees to concentrate on reducing wailing lines in postal lobbies and Selling mail services. Postmaster general Anthony m. Frank has acknowledged the sales done to make much Money but he has held that every Dollar the sales generate is a Dollar less that the service has to charge in higher postal rates. Those arguments have failed to convince critics including consumer advocate Ralph Nader. He said monday that he was delighted Frank a is abandoning the Knick Knack business in the Posl office lobbies and can now concentrate on More frequent and reliable delivery of the  in his memorandum Strasser said that a Many customers believe that the sales olt shirts and Coffee mugs has interfered with our traditional lobby operations Quot and that the services research showed customers did not like to see apparel sold Ai the same counters where Quot our Core products and services arc  lie ordered local Post offices to cease new purchases of postal related merchandise to reduce their inventories though closeout sales and to remove the merchandise from prominent sales areas during the Christmas season. Alt Shelley a postal service spokesman noted that some Posl offices such As those in the Washington area offered a wide variety of items while some offered none at all.10 year Sago nov. 20,1981 a urged to strengthen president Reagan a hand in arms negotiations with the soviets the House overwhelmingly backed a record $197.4 billion Pentagon budget that included the b-1 bomber and my missile.20 years ago nov. 20,1971 rep. Ronald v. Dellums d-calif., said some base commanders were taking reprisals against Blacks who complained to congressional members about racial discrimination in the military. The men had testified during unofficial hearings held by the congressional Black caucus to investigate alleged racism in the military.30 years ago nov. 20,1961 a hundreds of workers and East German soldiers convened at the Brandenburg Gate under lights at night to beef up the Border Wall in Berlin they were building a 10-foot wooden Fence in front of the Gate and a reinforced Concrete Wall behind the fence.40 years ago nov. 20, 1951 British and egyptian authorities agreed to a seven Day truce in Ismail a in the Suez canal zone following a weekend of fighting in which five British officers and 12 egyptians were killed. Federal employees seek to keep frequent flier Points earned on Job by Mike Causey the Washington Post Washington a the general accounting office was asked monday to let government workers who spend thousands of hours each year scrunched into Ever shrinking airline Economy class seats to have fun with the frequent flier mileage Points they earn on official trips. Current Gao rules require employees to turn in those Points earned in the line of duty. Since the mileage credits Are usually not transferable they Are often lost unless the same worker uses them later on business. In a letter to comptroller general Charles Bowsher the senior executives association reminded the Gao Congress investigative Arm that the mouse changed its policy on sept. I to allow members Ami staff to keep and use mileage Points earned on official business for personal trips or vacations. Some sea members As Well As Many lower level auditors inspectors Law enforcement personnel and other specialists probably spend More Lime in the air than do Many military combat pilots sea general counsel j. Jerry Shaw said the government s wild glue yonder policy is often confusing. For instance Shaw said government workers May keep Money they gel from airlines if they Volunteer to be bumped from overbooked flights but May not keep it if they Are involuntarily humped. Shaw also pointed out that Uncle Sam allows employees tit enjoy the various Perks some closed membership Airport clubs offer to first class passengers or frequent fliers. Cancer victim failed to prove he smoked Asbestos filtered Kents in 50s, jury rules Philadelphia a a stockbroker failed to prove he smoked the cigarettes containing Asbestos that he blames for his cancer a Federal court jury decided monday. Peter Yerardi 56, did not prove he smoked Kent cigarettes in the i95lls and therefore could not claim that the nations fourth largest cigarette manufacturer Lorillard inc., was at fault for his illness the jury ruled. Six similar cases against the cigarette maker Are pending. The lawsuit was unusual because it dealt with a highly toxic form of Asbestos not the hazards of smoking Yerardi of Philadelphia claimed in his 1990 lawsuit against Lorillard that Kent a Micro Nite filler which contained Asbestos in the i95 a caused his mesothelium a a fatal cancer of the lining of the Abdomen Chest cavity heart and lungs. The Asbestos filler was advertised As harmless though medical reports by the Early 1950s had linked Asbestos with Black lung disease and lung cancer. Lear did a lawyer Daniel Childs told the . District court jury that Lorillard should be held liable for damages because consultants told the company in 1954 that Kent smokers were inhaling Asbestos Quot and the filter s composition was not changed for two years. Lear did a suit sought at least $200,000 in damages from new York based Loril lard and the maker of the filters Hollingsworth amp Vose based in  Walpole mass. Lorillard based its defense on claims that Yerardi could not prove he smoked Kents during the four years it used Asbestos fillers. The company also said that even if Yerardi smoked Kents he could not prove that Asbestos caused his mesothelium a. Yerardi began smoking in 194k and was a two pack a Day smoker Lor Many years. He said he switched from kools to Kents in 1953. He Learned he had mesothelium a or november i9k6, no one has collected damages in injury lawsuits against the tobacco Industry. A $4 h Imp award by a new Jersey jury to the family of the late Rose Cipollono was overturned on Appeal and the . Supreme court has ordered a rehearing of the ease