Maroon

              MAROON LOYOLA UNIVERSITY IMEW ORLEANS  OCTOBER 1 1976  VOL. Llli  NO. Kenner stalls Loyola land sale By Peter Finney, Jr The sale of $1.3 million worth of land owned by Loyola University has been stalled "until further notice" by the Kenner Planning and Zoning commission. The University plans to sell developer Sam Romano 87 acres of its 5 18-acre tract, but before the sale can be finalized, the Kenner City Council must approve new zoning for the land. The Planning and Zoning Commission makes zoning recommendations to the City Council, with the council making the final decision on any zoning ordinances. According to John Eckholdt, Loyola's Vice President of Business and Finanqe, the University began talks with Romano five and a half months ago for the purchase of the 87 aires south of West Esplanade Ave. The entire 5 18-acre tract is presently zoned R-l (residential). Loyola is asking that four parcels of land on either side of 35th St. be zoned commercially. Under the plan, Loyola would retain three of these commercially zoned parcels, with the fourth going to Romano. Problems with the Loyola plan began to develop in June when Kenner officials wanted to know the eventual use of the entire 518 acres, instead of just the portion Loyola wants to sell. Without getting into complicated details, the delay in the sale is related to the type of plan Loyola has submitted, known as a land use percentage plan, and the type of plan Kenner officials seem to want, a special plan. A Land Use Percentage Plan gives the approximate amount of different types of zoning in an area to be developed. A special plan is much more specific, requiring a detailed plan of streets, lots, playgrounds and churches. In effect, it is a plan that is ready for development. Loyola attorney Frederick Gisevius says the "matter is going according to plan, but we've just met a slight procedural delay." "They (Kenner officials) said the plan didn't meet the requirements of a special plan," Gisevius said, "but the plan doesn't even attempt to zone ihe rest of the property. Under law, we can receive the proper zoning of the portion of land on 35th St, without devleoping the rest. Our plan appears to be in conformity with good use planning and zoning principles. We're not asking for more than what's proper." Kenner city attorney Hubert Vondenstein says Loyola is legally entitled to bring forth the issue of zoning of the 87 acres, but he could not say whether Loyola was legally entitled to specific zoning. "The determination of zoning is the legislative function of the city council," Vondenstein said. "I don't know what the city council will do. I don't know if it will do exactly what Loyola wants it to do. Loyola owns a substantial tract of land and that's a substantial part of the city of Kenner. "In general, we can't tell Loyola what to do with it's land," Vondenstein continued. "Loyola has come in and asked for a certain thing, a certain percentage of property. What we are saying is 'what are your plans for the rest of the property?"' But Eckholdt and Gisevius both say that the type of plan Vondenstein wants is not required by law. In a Sept. 3 letter to Edward Rodriguez, director of Kenner's Department of Planning, Eckholdt said "that Loyola is not a builder or developer of property.. .Loyola is merely selling a portion of its land to a developer, who, in turn, will provide a development and subdivision plan to meet all of the City's normal requirements for the portion being sold to him. .. ." After being indefinitely deferred at a Sept. 21 meeting, the proposed zoning ordinances can be brought up before the Planning and Zoning commission only by a majority vote of the commission. "We have been met with numerous efforts to delay what appears to be largely proper, " Gisevius said. "We have been met with political opposition and with harassment by some individuals with conflicting or political interests. There are probably people who would like to upset the sale with this man so they could jump in. But I eventually think it will be done with the proper zoning," photo: Alan Citron Incumbent City Council candidate Frank Friedler discussed a point at a District A Candidate Forum sponsored by the Journalism/Communications Department. State grants frozen; tuition may rise again By Deborah Heyman State money that could stabilize Loyola's tuition will be frozen in escrow for at least another six months, a delay that could cause Loyola's Budget Committee to recommend raising tuition again for the 1977-78 school year. According to Thomas Rayer, a University attorney, the fate of $1.6 million allocated to Loyola and six other private colleges more than a year ago by the state legislature won't be decided until at least Mar. 2, 1977. But the Budget Committee must make recommendations about next year's possible tuition increase by no later than February 1977. "If the money were available we certainly would not raise the tuition," said Dr. Robert A. Preston, Loyola's Vice-President of Academic Affairs. "These decisions have to bo made in terms of the information we have in front of us at the time we make the decisions. Enrollment projections, income from other sources, and a general evaluation by the administration of the negative impact of raising tuition again will all be considered when the recommendations are made." The state money has been frozen in escrow as the result of a suit filed in U.S. District Court by an organization called CAPE (Citizens for the Advancement of Public Education). CAPE was originally challenging the constitutionality of state funds going to private institutions because of the First Amendment's provision for the separation of church and state. But the U.S. Supreme Court ruled in June on a similar case from the state of Maryland that state money can be given to sectarian schools to be used for non-religious purposes. The Louisiana Legislature had originally put no restrictions on the money, but has since passed a new law prohibiting the money to be used for religious purposes. CAPE lawyer William Jefferson feels there are still grounds for a suit on the Louisiana case. "We're seeing our facts a little differently than the Maryland case," Jefferson said. "The statutes in Maryland applied to only three of 17 schools which were religiously oriented. In ours, six out of seven have some connection with a church order." It was hoped that the case would be settled in time to hold down next year's tuition, but on Sept. 21 it was decided in the chambers of U.S. District Court Judge Jack Gordon that the trial date will not be set until Mar. 2, 1977. On Mar. 2 lawyers from both sides will meet with Judge Gordon to agree to what the issues are, to agree to the evidence and the witnesses and to set the trial date. The trial itself could last longer than usual because the suit deals with a Constitutional question. Three judges-Gordon and R. Blakes West from U.S. District Court and John Minor Wisdom from the Fifth Circuit Court of Appeals—must rule on the case. Prediction favors Demos By Kurt Coins The Democrats appear to be the favored party of the black voter for this year's election, at least in the eyes of Dr. Charles Hamilton, author of several books and articles dealing with the subject of black politics. Hamilton predicted that about 88 per cent of the black vote will be cast for the Democratic Party in his lecture Monday night at Nunemaker Hall. This lecture marks the first for the Albert Biever Memorial series. The Wallace S. Sayer Professor of Government at Columbia University in New York, Hamilton holds a B.A. from Roosevelt University, a J.D. from Loyola University of Chicago and a Ph.D. from the University of Chicago. He has authored a vast amount of literature on black politics including "Black Power: The Politics of Liberation in America." "Blacks will play and important role in six of the big states," Hamilton noted. "New York, Michigan, California, Illinois, Pennsylvania and Ohio." (These six contain 181 electorate votes.) Hamilton's lecture focused on three major points: a statistical view of where the black voters role is in the Presidential election, the broad issues and themes involved and specifically, how this relates to this year's election. "Since 1934 most black voters have been affiliated with the Democratic Party," Hamilton said. "The crucial point in this election as in other recent ones is the turnout of black voters this year." "This year the black vote has been a key element in Jimmy Carter's success thus far," Hamilton said. He added that it cemented his victories in a number of primaries, particularly Florida which blunted George Wallace's efforts. Endorsements from prominent figures such as Rep. Andrew Young (D.Ga.) and the Rev. Martin Luther King, Sr. legitimized Carter in the eyes of liberals and Northern blacks. On the Republican side, most of the blacks voters supported Gerald Ford. "In the future, blacks should concentrate more on making political gains at the state and local level, instead of concentrating on this tournament that is held every four years," Hamilton advised. He further noted that a state or local official is held accountable much easier than the President. With a final note of advice Hamilton stated that blacks need to develop and practice two basic notions of the political process: organization and a consciousness of their ability. Covenant drops suit against LU The Covenant Broadcasting Co. of Louisiana has dropped its suit against Loyola University and the Louisiana Stadium and Exposition District because they "returned our money to us." WGSO general manager A 1 Smith told the MAROON Thursday that Covenant has dropped its suit Wednesday after WWL general manager Mike Early sent him a letter with his money back. "Mike sent us back a letter and returned our money to us," Smith said. "They seem to be saying that it was the Dome's problem, not theirs. They're not looking to us for any money." Smith stated, though, that if the problem should ever arise again, covenant could re-file the suit, which contends that WWL's broadcast contract with the Dome violates antitrust laws. "We can always re-file if it ever rears its head again "