City of Marion wins judgment in 2-year-old ‘Groening’ lawsuit

ORIGINALLY WRITTEN JERRY ENGLER
Settlement of the lawsuit commonly known as “Groening and others versus the City of Marion” was announced Monday at the Marion City Commission meeting with the judgment decision going in favor of the city.

The lawsuit, filed more than two years ago, was viewed as part of an effort by landowners surrounding the Martin Marietta Quarry north of Marion to stop the city from working with Waste Connections in establishing a regional solid-waste landfill.

The lawsuit alleged the city had acted improperly in instances annexing 10 acres owned by Pearl Baxter and 400 acres including the quarry owned by the Rocky Hett family.

City Administrator David Mayfield said the lawsuit was dismissed with costs assessed to the plaintiffs. He said the city did act properly in the annexations with state laws made to protect landowners from arbitrary annexations sufficiently observed.

Mayfield said with this decision, according to City Attorney Dan Baldwin, the city should be able to collect sales tax from Martin Marietta sales as of the date of the judgment.

Hett said the retroactive sales tax is insignificant compared to what the city might have received, noting that according to a recent Wichita Eagle story, Harper County, which did take a regional Waste Connections landfill, will be receiving $1.6 million from it annually.

Mayor Eloise Mueller signed a proclamation making it “National Family Care & Community Leaders of America Week” in Marion, as presented by Crystal Williams from Marion High School.

Michele Hett and Margo Yates presented the Chamber of Commerce Tourism Report of Activities highlighted by a request for the commission to decide whether Marion should continue with two booth spaces at the state fair or cut back to one.

Hett said workers have been wondering whether the same presentation using two booths for $1,500 could be accomplished by using the more expensive corner booth by the door space for $745 by itself.

Yates said two booths have been thought to carry an advantage by making a more spacious interesting display “that invites people in.”

Hett said keeping two booths also had been discussed to provide space for a water tank with fish to promote the two lakes although it had been questioned whether volunteer help should be expected to keep it clean.

Commissioner Larry McLain was inclined to make a motion to cut space to one booth, but it was decided to leave the choice to the committee.

Hett said other projects being considered include more murals utilizing local artists on downtown buildings, experimenting with a farmers’ market, and further cleanup of the Luta Creek area, especially if cold weather will freeze ice safe to walk on for workers cleaning litter from the banks.

Hett said brochures have been printed and efforts made promoting Marion, its museum and the new library/depot.

Marty Fredrickson, building inspector, reported 69 permits were issued in 2002 for new homes, additions, garages and carports, and projects such as sewer rennovations. They included two manufactured homes and four homes that currently are under construction, he said.

Commissioners commended Fredrickson for his work in correcting three code violations and working with the public on all matters.

Harvey Sanders, public works director, reported 115.3 tons of solid waste hauled by the city to the Marion County Transfer Station last month.

Police Chief Michel Soyez said his department continues to develop policy for use of Marion city crew with heavy equipment to help in removal of items too heavy for police equipment from drug investigation scenes.

Soyez said problems can arise if crew members have any prior convictions themselves or in protecting crew members from exposure to hazardous items.

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