>Date: Sat, 06 Feb 1999 21:29:44 -0700 >To: [log in to unmask] >From: dogyears <[log in to unmask]> >Subject: Got CALICHE ? > >Got CALICHE ? http://www.swanet.org/caliche.html > >COURT UPHOLDS CHURCH EXEMPTION FROM PRESERVATION LAW 02/05/99 SACRAMENTO >(AP) _ A state law exempting religious organizations from local landmark >preservation laws, and letting them tear down and replace historic church >buildings, is constitutional, a state appeals court has ruled. Overturning >a judge's decision, the 3rd District Court of Appeal said Thursday that the >law does not provide improper state assistance or endorsement of religion. >``The state has not assisted religious organizations but has merely stepped >out of their way,'' said Presiding Justice Robert Puglia in the 3-0 ruling. >Puglia recently retired from the court but is completing work on cases he >heard before his retirement. The 1994 law stops cities and counties from >enforcing historic landmark preservation laws against noncommercial >property owned by religious organizations. A religious organization can >alter or demolish a historic building if it decides the change is necessary >for religious or financial purposes. The law was challenged by the city of >San Francisco and private landmark-preservation groups. They won a ruling >from Sacramento Superior Court Judge Joe Gray that the law established an >unconstitutional state preference for religious organizations. But the >appeals court said the law merely removes a potential burden from the >practice of religion by allowing religious organizations to decide which of >their buildings should be preserved. Puglia said other courts have reached >varied conclusions on whether the enforcement of landmark preservation laws >against churches violates freedom of religion. The state was entitled to >avoid a potential conflict by granting a religious exemption, he said. He >noted that the U.S. Supreme Court has upheld a law exempting religious >employers from claims of religious discrimination. Justices Coleman Blease >and Rodney Davis joined the decision. > > >APPEALS COURT AFFIRMS INJUNCTION PREVENTING HOUSE FROM BEING MOVED 02/04/99 >11:17PM BLACK HAWK, Colo. (AP) _ The Colorado Historical Society has won >another round in its battle with Black Hawk over the location of the >historic Lace House, an 1864 home that is considered one of the best >examples of the Carpenter Gothic style in the West. The Colorado Court of >Appeals on Thursday affirmed a preliminary injunction issued by in 1997 by >a Gilpin County judge that prevented Black Hawk from moving the home from >its original location. The court ruling upheld the validity of a contract >reached between the city and the society in 1976 that provided a $32,000 >grant for restoration work on the home. In return, Black Hawk agreed to >restore and preserve the home for 30 years. However, the pressure from >developing casinos in Black Hawk has left the historic site a tiny island >in a sea of parking lot and casino construction. Black Hawk officials >proposed moving the Lace House to another location, where a ``historic >village'' is being reassembled. The Historic Society sued, and was given >the injunction on a breach of contract claim. The appeals court said Black >Hawk cannot invalidate the contract it signed in 1976 just by adopting an >ordinance. ``It (the contract) involves acts of a city in its proprietary >capacity in which it acts for the private advantage of its residents and >for itself as a legal entity,'' the court said. ``The City was under no >duty to preserve the Lace House, but instead acted at the behest of its >citizens. ``Accordingly, the City is subject to the same rules of business >dealing that apply to a private party,'' the court said. ``The contract >cannot simply be abrogated or ignored and must be given effect in light of >its essential purpose.'' Black Hawk, the most successful of three gambling >sites in Colorado, has seen hundreds of millions of dollars in casino >development since gambling was approved by voters in 1990. However, the >National Trust for Historic Preservation singled that area out as among the >nation's 11 most endangered historic places because of the threat that >development will destroy the historically important buildings and sites in >the old gold mining district. Black Hawk's casinos average 80,000 square >feet to 100,000 square feet in size and dwarf most of the original >mining-era structures. The Lace House, a 25-foot tall wooden, >gingerbread-style structure, is surrounded on four sides by casino >development and is just up the street from a new casino of more than >400,000 square feet. It sits on an 80-foot wide and 100-foot deep lot. A >legislative proposal that would have required input from the historical >society if casinos exceed a certain size was defeated in the Colorado >Legislature last year. Eagle Gaming, which owns the Canyon Casino in Black >Hawk, has argued the building would fare better as part of a ``historic >village.'' Eagle offered $3 million to gather buildings of historic merit >in the proposed village. > > >RESTORATION PLANNED FOR HISTORIC LEGACY AT FORT LOWELL PARK 02/04/99 >10:30PM TUCSON, Ariz. (AP) _ The rich historic legacy encapsuled in a tiny >acreage on one edge of Fort Lowell Park is getting new attention. A >three-acre parcel acquired by Tucson in the mid-1980s includes remnants of >a century-old cavalry corral, a much-older Hohokam settlement and a >1940s-vintage adobe home. New plans call for the home to be restored. >``When it's finished, it will be used for exhibits, as an adjunct to the >Fort Lowell Museum,'' said David Faust, curator of the museum that focuses >on the Army presence here during the Apache Wars. The Indian settlement >will be excavated. Faust envisions a reconstructed pit house or houses, >depending on what evidence is found, that could show visitors how the >Hohokam lived from the mid-1100s to the mid-1300s. The corral wall, >meanwhile, will serve as a reminder that Tucson wouldn't be where it is >were it not for the cavalry. ``The Tucson presidio was a Spanish cavalry >post, with most of the soldiers having a string of five or six horses. The >Tucson (Army) Depot (during the Apache Wars), the Confederates who came >here were mounted, the California Volunteers, Fort Lowell _ it was cavalry >all the way.'' Besides the stable, there were a blacksmith shop, a granary, >a storage building and a room for stable orderlies. Remnants of an >8-foot-high adobe corral wall remain. > > >http://www.azstarnet.com/public/dnews/ld0469.html Plans to close two parks >and raid two user-fee recreation funds to help balance the state budget >drew protests yesterday. The two parks on the hit list are MacFarland >Historical in Florence and Homolovi Ruins in Winslow. None of the proposed >cuts or transfers are in Republican Gov. Jane Hull's proposed budget, and >speaker after speaker at yesterday's hearing endorsed her version over the >one drafted by the JLBC staff under the direction of GOP legislative leaders. > >http://www.detnews.com/1999/autos/9902/06/02050048.htm Henry Ford's >original Model T plant, where the seeds of the moving assembly line were >sown, could get a new lease on life as an interactive automotive museum. >The facility was where the first 12,000 Model T's were built in 1908 before >production moved to Highland Park. > > Anita Cohen-Williams Listowner of HISTARCH, SUB-ARCH, SPANBORD Contributing Editor, Anthropology page, http://www.suite101.com http://www.angelfire.com/ca/cohwill/index.html [log in to unmask]