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<br />Saturday, May 8, 1971 The SUN, Colorado Springs, Colo.
<br />District Court Halt
<br />Surface Mining
<br />(Continued From Paga 1)
<br />The blasts were of ditterent intensities.
<br />Several were severe.
<br />"The blasts shook the houses,
<br />rattled the windows, pictures on the
<br />walls were moved out o[ place by +~
<br />to a/ of an inch, doors shook, chan-
<br />deliers swayed, the glass in them
<br />clinked and dishes were moved.
<br />Children ran outside and were crying.
<br />There was a feeling the foundations
<br />of a home had been walloped. The
<br />effctt was annoying, disturbing and
<br />frightening. The blasts made them
<br />apprehensive."
<br />One woman had testified she moved
<br />to Colorado from California following
<br />a 1963 eorlhquake which shook her
<br />home which rested on the San Andreas
<br />Fault. Another plaintiff, Robert An-
<br />dreason, testified he found cracks in
<br />Iris foundation following a blast April
<br />10, 1970. "Although the court does not
<br />make a finding on the subject there
<br />arc indications that the blast did cause
<br />this crack in the foundation," Gibson
<br />wrote.
<br />The judge also cited air pollution
<br />hazards, specifically airborne par-
<br />ticulates from the quarry borne over
<br />Crystal Hills by prevailing winds.
<br />"Colorado Itas twice the national
<br />average of the incidence of em-
<br />pltysema. It occurs most frequently in
<br />the mowtain valleys and small towns
<br />where there is mining and quarrying.
<br />The least that can be said of fhe
<br />situation is it is not beneficial to
<br />human life," he wrote.
<br />Castle Concrete had claimed They
<br />would restore the environment I]y
<br />rLSeeding operations on lho quarry
<br />faces. Gibson denied this argument,
<br />saying, "Evidence indicated that the in-
<br />duced succession of ecosystems on
<br />mined-out area is, and was, an ex-
<br />perimental highly speculative matter."
<br />Gibson cited numerous cases, in-
<br />cluding early Colorado decisions
<br />regarding the rights of citizens versus
<br />those of the miners. "The fact that
<br />we have no[ lived up to the promise
<br />of these cases is no reason not to
<br />apply them here. The tour[ concludes
<br />that the defendant has commenced,
<br />and if permitted will continue to
<br />perpetuate, a nuisance which will tend
<br />to destruct one of the most beautiful
<br />regions of America, will offend the
<br />sensibilities of thousands of persons,
<br />and injure seriously one of the main
<br />economic bases of a large com-
<br />munity."
<br />Citing figures, Gibson noted t h e
<br />Chamber of Commerce estimated 3.1
<br />million tourists and conventioneers
<br />spent E04.1 million in the area in 1970,
<br />compared to E1.9 million in taxes,
<br />salaries and investments held and paid
<br />by Castle Concrete.
<br />"The business of the defendant is
<br />a useful one to the community and
<br />society. However, it is not essential,"
<br />he wrote.
<br />Controversial BI ack Forest
<br />Priest Killed in Car Crash
<br />Rev. Burton 7. Fraser, 71, a~three months ego when it was` Rosary will be held ...,rnday
<br />former Army chaplain, died learned Ft. Carson soldiers, aslevening in his chapel. His
<br />Thursday from injuries received par[ of an Army civic action nephew, a Catholic priest, will
<br />in an earlier headon collision on Program, had built a driveway say the Mass in the chapel
<br />J.S. ?4 west of Flagler. to the church. Some Black Tuesday morning.
<br />Fraser, an ordained JesuitlF o r e s t residents objected Services are being coordinated
<br />because the church is not of-Iby Law Mortuary and [he Love
<br />priest, operated a Catholic churchficially recognized by the Funeral Home in Limon.
<br />adjacent to his hmue at 69?OICa^tholic diocese. Survivors i n c I u d e brothers,
<br />R,,.... v 0..x.1 .~ qh~r. c.. -..... _ -,. .. r. _r ,. ~... ,,_ .., ,., Inw F. M A...nnh Nf ~a
<br />II Complete Wed
<br />AREA FORECAST -Consider-+ 7H1: 1YHA]
<br />able cluudmess today through nn.,ma
<br />Sunda with scattered snow eoslpn
<br />Y Chorlestvn, S. C.
<br />showers in the mountains and cmcago
<br />Columnw. O.
<br />rain showers or thundershowers ot, atmm•s
<br />at lower elevations. Hi tudav EI PO,o
<br />gh Illouston
<br />and Stmday 60-65, low tonight Iadmnano^°
<br />Kpnm. Cnv
<br />near 40. Precipitation probability Las Anpcies
<br />50 er cent Coda , 30 er cent Me"'ph„
<br />P Y P Mivmi Dparh
<br />tonight. ~tnm: st. Foul
<br />New nrtrans
<br />H L Pr. xr.v voa ~
<br />Colorado Springs SG 4l Tr. Nli° ea:yh
<br />Pueblo fi5 49 '. Pornana. ore.
<br />aalach
<br />Swtset 7onighl: 7:57 p.m. Nirnmana
<br />Sunrise Sunday: 5:53 a.m. SOU Lake olv
<br />San FrOnclsc0
<br />i COLORApO - Conatlenble doutlmess Swtllp
<br />through Sunday with scvltemd a n u rv Spokens
<br />~showen mount0lm and statterea showers w'vshinglon
<br />anJ o Icw Ihundersl0rmi at Iawprl Wichita
<br />elevatl0na. A hlle warmer cast today. '
<br />Low lenlpht /ps south ]d Ia +5 norm
<br />t0 to ]p m0un10ml. Nigh today antl ~~~~~
<br />sundvy es l0 /5 southeast dos rest ano
<br />north LS to SS movntmns.
<br />lV 1'OMING - Parity cloudy anJ a I
<br />little warmer Iotlay. A law snowen, Festw
<br />mountains antl souln porhon lOdvy. r T
<br />Cansldereble cf0udiness fonlghf and
<br />Sundvy w,tn ictllered snow snowers
<br />mountplm ono scpeeretl rain snowere Set T~
<br />at lower elevations. Low .na rest vl
<br />tonlshl ]Os and lorv /p! al Ivwer
<br /><levaflpns 1V to ID mvunfalns. Nigh foaay
<br />vnd Sunday dOS ano upper s0a pt lower: The Colors'
<br />elevations 10 to Sp mounlelnl.
<br />COLOPADO ((Center and
<br />1lampsa HIt55 Cev(L e a d e r s h
<br />frost 55 Il
<br />oenver s] ]elsponsor a BI;
<br />Lvp4 iZ ]]I
<br />Fart talus, v ~z~trom 9 a.m.
<br />Fraser Sd 15~
<br />frantl Junction dt sat the Youtl
<br />frcclev SB II
<br />LO dente ds lo, Pikes Peak A~
<br />~ call. m 7e TI]c progral
<br />saiie. ~ y~,art display, cl:
<br />a play, a (a;
<br />African wcdd.
<br />Heart Group begin at P p.m
<br />tat 6:30 p. nt., l
<br />p.m., and the
<br />Names Top tD ntidnigltt.
<br />(dance Is E^"-~5
<br />Volunteer a couple.
<br />Further inf
<br />Volunteer of the Ycar in the evem is avails
<br />~olorado Heart Association is'
<br />Yl rs. Wesley E. Russell Dr' Cragme
<br />Elizabeth, Colo. Mrs. Russell' C
<br />was presented with a gold loving ~+
<br />cup at the Friday night banquet) A
<br />of the state association's eighthloF
<br />annual assembly. (will
<br />Norman C. Brown of the exit
<br />Denver Organizing Committee to
<br />(or the 1976 Winter Olympic can
<br />Games spoke end showed a film 0
<br />of 1965 games at Grenoble. d r
<br />Brown said the gan]es are ph
<br />expected to attract tram 64U,000 ~bY
<br />to 910,000 spectators, 60 per cent)
<br />..r ...r....., ..I,....Id ,._ r.. L.-_.I, __ ,.,
<br />ale $e
<br />rt student=
<br />Colorado C
<br />hold theist
<br />ibilien and
<br />5 p.m. toda.
<br />]pus.
<br />n display
<br />swings
<br />otog raphy a
<br />students du
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