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Ellis Co. Commission, McClelland face lawsuit over Blue Sky Acres decision

Marcy McClelland
Marcy McClelland

Hays Post

The Ellis County Commission and Commissioner Marcy McClelland are facing a lawsuit over a stalled residential subdivision south of Hays.

The suit was filed in district court late Tuesday afternoon by Mary Alice Unrein, the developer of the proposed subdivision Blue Sky Acres, according to Hays attorney Tom Wasinger.

Click here to see the petition.

In November, the Ellis County Commission failed to approve a final plat of the subdivision on a 1-1 vote, with McClelland dissenting. She cited concerns over groundwater contamination.

Commissioner Dean Haselhorst voted to approved the plat, while Commissioner Barb Wasinger recused herself, citing a conflict of interest. Her husband, Tom, has acted as Unrein’s attorney through the application process.

The Hays Area Planning Commission had previously voted to recommend approval of Blue Sky Acres, which was proposed to have six homes south of Hays.

“One has to wonder how the Hays Area Planning Commission and the Ellis County Commissioners and in particular, Commissioner Marcy McClelland, have arrived at such diametrically opposing conclusions about the approval of Blue Sky Acres Addition given that they are legally obligated to use the same set of facts and criteria when making their decision,” Wasinger wrote in a letter delivered to Hays Post this week. “But I digress, because that’s what a lawsuit against Ellis County would determine.”

Wasinger argued that McClelland’s decision to oppose the final plat, and thus effectively end the project, is an “arbitrary, capricious and unreasonable action.”

“The only legal question to be answered, once again, is this very simple straightforward one: Have the appropriate rules and regulations been followed?” Wasinger wrote. “Remember, what we are dealing with here are fundamental individual property rights and the extent to which local governments may limit a landowner’s freedom to use and develop privately owned property.”

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STATEMENT OF MARY ALICE UNREIN

December 20, 2016

Today I was forced to file a lawsuit against the Ellis County Commissioner Marcy McClelland, individually, and the Ellis County Commission to protect the exercise of basic property rights that all the people of Ellis County suppose we have, not just the seven homeowners in VonFeldt’s Subdivision. Commissioner Dean Haselhorst was not named as a defendant because he is not the problem.

It’s a crying shame that the taxpayers of Ellis County will have to spend their hard earned tax dollars on legal fees, but I didn’t have a choice or a fair chance for that matter. To use a football analogy, Commissioner McClelland kept moving the goal post and quite frankly, I have no idea where it might be now.

Commissioner McClelland has made it clear that she believes she has unlimited discretion to make decisions, even if it’s just because she doesn’t like a project. And if she won’t even accept mail from me just because I accidentally misspelled the last two letters of her first name, then there is no hope she would ever back down from her stubborn stance.

On the other hand, I believe a Commissioner’s decision must be reasonable, based on facts, the rules and regulations that everyone else must follow, as well as fundamental fairness. However, based on the actions of Commissioner McClelland, at this time it’s a total crapshoot for people who dare to come before the Ellis County Commission with any sort of real estate development plan.

Based on the presentation on Monday night Karen Purvis, Ellis County’s Environmental Sanitarian, it is impossible to take seriously Commissioner McClelland’s decision which is based on her opinion that the septic systems proposed for Blue Sky Acres Addition would pose a threat to the groundwater in VonFeldt’s Subdivision that is somehow greater than that posed by its existing septic systems. Her acceptance of every other septic system in every rural residential development in Ellis County makes it obvious and abundantly clear that her decision to deny the Final Plat of Blue Sky Acres was 100% arbitrary. It is sadly clear that the only people she is listening to and cares about are the seven homeowners in VonFeldt’s Subdivision who simply don’t want any neighbors.

I hope that other fair-minded people will join in my fight.

Sincerely,

Mary Alice Unrein

Judge orders arbitration over Salina military school sexual assault

WICHITA, Kan. (AP) — A federal judge sided with a Kansas military school in compelling arbitration of a Tennessee father’s allegations involving the sexual assault of his 12-year-old son by another student.

U.S. District Judge Carlos Murguia ruled Wednesday the arbitration clause in St. John’s Military School enrollment contract is valid and enforceable. The judge retained jurisdiction over claims against the student accused of the assault.

The father sued St. John’s in April alleging its failure to adequately supervise cadets led to the assault. The lawsuit stems from an accusation that in spring 2014 a grade-school boy sexually assaulted a fellow student in a dorm room.

The Salina boarding school has been dogged by litigation. But in earlier federal cases, the arbitration language in the enrollment contract did not cover claims by minor students.

Police make arrest Tuesday after theft of truck, trailer in Hays

By GARRETT SAGER
Hays Post

Hays law enforcement authorities made an arrest in a Tuesday afternoon theft of a truck and trailer.

The theft occurred in the 1100 block of Vine in Hays. According to reports, the suspect took the pickup and a trailer, which was hauling a Bobcat utility vehicle, from the parking lot of United Rentals.

According to Hays Police Lt. Tim Greenwood of the Hays Police Department, the authorities reached out to surrounding areas for help finding the stolen truck.

The vehicle was later found in Rush County by using the pickup’s GPS technology, and an arrest was made late Tuesday. The truck, trailer and utility vehicle all were recovered unharmed.

The identity of the person arrested has not yet been released.

Suspects in Mississippi triple murder arrested in Kansas

Joshua Garcia
Joshua Garcia

GEARY COUNTY – Law enforcement authorities in Geary County are investigating two people suspected in triple murder, robbery of a pawnshop in Jackson, Mississippi.

Early Wednesday, deputies arrested Jamieson L. Townsend, 31, Blue Springs, Mo., and Joshua M. Garcia, 35, Biloxi, Miss., following a traffic stop on a Dodge Charger, for no registration displayed, at Interstate 70 at Moritz Road in Geary County, according to Geary County Sheriff Tony Wolf.

As deputies made contact with the driver, the vehicle sped away westbound on the interstate.

A deputy gave chase. The vehicle exited the Interstate at McDowell Creek Road, took Roeser Road, which is a dead end, and the vehicle crashed.

The driver fled on foot, and a female passenger remained with the vehicle.

She was later identified as Townsend, and the driver was Garcia.

A short time later, authorities learned Townsend and Garcia are suspects in burglaries and robberies in Mississippi.

Deputies set up a perimeter and searched the area, as well as farmsteads and outbuildings.

Jamieson Townsend
Jamieson Townsend

At about 7 a.m. Wednesday, while searching the area around McDowell Creek community center, Garcia was found hiding in the back seat of a vehicle and was taken into custody.

No injuries have been reported as a result of the incident, but there was some property damage at the scene of the crash.

The suspects are being held at the Geary County Detention Center.

2 hospitalized after driver runs stop sign on U.S. 183

EDWARDS COUNTY – Two people were injured in an accident just before 10a.m. on Wednesday in Edwards County.

The Kansas Highway Patrol reported a 2002 Ford passenger vehicle driven by Dean A. Seegers, 46, Gregory, SD., was southbound on U.S.183.

The driver failed to stop at stop sign and was broadsided by a 2011 Dodge Ram driven by Kent J. Wetzel, 28, Offerle, which was westbound on U.S. 50.

Seegers and a passenger Joy Seegers, 48, Gregory, SD., were transported to the hospital in Kinsley. Two children in the Ford were not injured.

Wetzel was not injured and not wearing a seat belt, according to the KHP.

UPDATE: Man rams police car, flees; Kan. officer escapes injury

Smith- Police photo

JOHNSON COUNTY – Law enforcement authorities are requesting the public’s help in locating a suspect involved in Wednesday’s officer involved shooting in Overland Park.

Police say Casey Lee Smith, 29, is 5’ 9” tall and weighs approximately 160 pounds.

The public was advised to contact police if you see him or know information on where he is located.

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OVERLAND PARK, Kan. (AP) — Police in Overland Park, Kansas, say they’re searching for a driver who rammed an officer’s patrol car during a traffic stop, then fled as the officer fired at him.

Police say the officer escaped injury during the confrontation about Wednesday morning in the Kansas City suburb. It wasn’t clear if the suspect was wounded.

Police spokesman Officer John Lacy said the officer stopped a pickup truck after a computer check showed the license plate was stolen.

Lacy said that as the officer stepped from his cruiser, the pickup truck’s driver intentionally backed into the patrol car and turned toward the officer, who then opened fire. The driver sped away.

Lacy says a passenger in the truck told police he only got a ride from the suspect he called a stranger.

Kan. child-care providers rebuff state’s push to increase training

TOPEKA, Kan. (AP) — Child-care providers in Kansas say a state proposal to increase by several hours the training they must receive could mean parents they serve will have to pay more.

The providers made that argument Tuesday during a hearing over the proposed Kansas Department of Health and Environment regulations.

The department’s plan would raise to 16 the number of hours of annual in-service training for primary care providers, who directly supervise and interact with children. Administrators of preschools and child care centers would have to complete 24 hours of training annually.

The department says it is working to ensure that various training opportunities are available at little or no cost.

Lawrence Child Development Center director Kenneth Prost says the move could drive some parents to home day care he called under-regulated.

Man sentenced for role in Kansas bank heist with tot in SUV

Jordan after the high-speed chase with a 19-month-old child in the SUV, and firing at police officers who were chasing them.-photo courtesy KCTV

KANSAS CITY, Kan. (AP) — A man who admitted helping rob a Kansas bank before leading police on a chase with a toddler in the getaway car has been ordered to spend three decades in federal prison.

Forty-year-old Gary Jordan, sentenced Tuesday, pleaded guilty in July to bank robbery and gun charges.

A co-defendant, 18-year-old Jacob L. Smith also has pleaded guilty to bank robbery and weapons felonies. He’s to be sentenced next month.

Authorities say Jordan and Smith held up the Stilwell bank in March, then fled into Missouri with law enforcers in pursuit. Smith was accused of firing shots during the chase and Jordan of trying to carjack another vehicle after the wreck.

The toddler of defendant Danille Morris wasn’t hurt. Morris awaits sentencing.

All of the defendants are from Kansas City, Kansas.

🎥 FHSU interim president: ‘This was a matter of doing the right thing’


Video by Cooper Slough

By GARRETT SAGER
Hays Post

Fort Hays State University is under new leadership as Dr. Andy Tompkins is now officially on campus to serve his role as interim president of FHSU.

The Kansas Board of Regents made the announcement Dec. 14 that Tompkins would be named interim president after the Nov. 23 resignation of Dr. Mirta Martin.

The conversation between Tompkins and the Regents was short, according to Tompkins, who said he really did not need to think about it that long — just needed to talk with his wife.

“This wasn’t a matter of saying ‘yes.’ This was a matter of doing the right thing,” Tompkins said. “I have this special affection for this institution, so it was easy for me.”

While he is is still getting settled into his new home and office, Tompkins said he about the opportunity he was given.

“I’m honored to have this chance of being in a interim role and help out,” Tompkins said. “I feel at home.”

Tompkins is a the former president and CEO of the Kansas Board of Regents, a position he held for five years before retiring last year. It is because of that position that Tompkins says he has a good idea of what university presidents are supposed to do.

“I was at the board and worked with all the presidents. That was part of the role as CEO, so I do have a pretty good idea of things presidents have been doing,” Tompkins said.

His CEO position of KBOR also allowed him to get acquainted with different faculty and staff members at FHSU, including former FHSU President Dr. Edward Hammond. Tompkins also served on the search committee that hired Martin.

“I’ve know Dr. Hammond for a lot of years. … When we hired Dr. Martin, I was apart of the search committee so I was able to get to know more people because of that. And then there’s been people who have been very generous to the university that I have gotten to know of the years, some are faculty members here and former faculty members here, so it’s a nice start for me to have people that I at least know,” he said.

Tompkins is aware he takes over a role in which his predecessor left under troubling circumstance, but Tompkins would rather focus on the future rather than the past.

“The way I like to say this is, I don’t know anything about it and I really don’t want to know anything about it because there is not anything that I can do about it,” he said. “The only thing that I can do is try to help us be as good as we can be, move forward, and try to make sure we have this place as great as a place as it can be.”

Tompkins said his role as interim president is to make sure that faculty and students continue to like being at the university, make sure that previous goals set by FHSU stay on track, and to make sure that the university is ready for the next president when that time comes.

He knows there will be new challenges as the months progress, but is fully confident that he can handle those situations when they come to be.

Currently Tompkins is in discussions with the FHSU Student Government President Emily Brandt on scheduling a meet and greet with students, faculty, staff and the community.

He will be touring campus and visiting with different staff members to get better acquainted with the campus and faculty in preparation for the beginning of the second semester.

2 hospitalized after semi slides into Kansas ditch, spills load

RENO COUNTY – Two people were injured in accident just before 3 a.m. on Wednesday in Reno County.

A 2017 Freightliner semi driven by Ali Ghulam Allahyari, 43, Poway, CA., was southbound on Sego Road near Lake Cable Road, according to the Reno County Sheriff’s Department.

The truck left the road and the trailer slid into the ditch, disconnected from the tractor, overturned and spilled the loaded contents into the ditch.

When first responders arrived on scene the tractor completely blocking both lanes of traffic on Sego Road.

Reno County EMS transported Allahyari and a passenger Muntazir Mehdi, 52, San Diego, CA., to Hutchinson Regional Medical Center.

The accident remains under investigation.

Preston Allen Barnett

1893289_profile_picPreston Allen Barnett, 28, died Dec. 19, 2016, at Via Christi St. Francis Regional Medical Center, Wichita. Born March 7, 1988 at Great Bend, he was the son of Craig, Sr. and Betty Lou (Elson) Barnett. A Great Bend resident, Mr. Barnett was a caregiver for Pathways ResCare. He enjoyed fishing, video games, barbeques and being with his family.

Mr. Barnett was a member of River of Life Foursquare Gospel Church of Great Bend.

Survivors include two sons, Grant Barnett and Connor Barnett, both of Great Bend; one daughter, Natasha Barnett of Great Bend; significant other, Amber Greene; two sisters, Heather Crites and husband Justin of Great Bend, and Charley and husband Shannon Maughlin of Dighton; three brothers, Craig Barnett, Jr. and wife Trish and Cecil Barnett and wife Mary, both of Kingman, and Hunter Barnett of Great Bend. He was preceded in death by his parents and grandparents.

Memorial service will be at 4 p.m., Thursday, Dec. 22, 2016, at Bryant Funeral Home with Pastor Larry Schumacher officiating. Friends may call from 6 to 8 p.m., Wednesday, Dec. 21, 2016, at Bryant Funeral Home. Memorials have been established with the Preston Barnett Funeral Expense Fund, in care of Bryant Funeral Home.

Billy Gene Lahar

Billy Gene Lahar, 69, of Douglass, Kansas, died on Sunday, December 18, 2016, at the Russell Regional Hospital in Russell, Kansas.

Services are pending at this time. Pohlman-Varner-Peeler Mortuary is assisting the family with the memorial service.

Ronny Joe Mayberry

screen-shot-2016-12-21-at-10-33-17-amRonny Joe Mayberry, 55, of Russell, Kansas passed away Monday, December 19, 2016 at his home in Russell.

Ronny was born June 19, 1961 in Borger, Texas, the son of Jerry and Alta (Golden) Mayberry. At a young age his family moved to Russell. He grew up and attended schools in Russell.

Ronny started working in the oil patch at a young age. He started out working on pulling units and eventually became a transport driver. He also was an over the road truck driver. He enjoyed the open road especially on his motorcycle. He enjoyed Harleys, cars and trucks, and working on them. When he was younger he enjoyed hunting. Later in life his love was his grandchildren and watching them grow up.

Surviving family include his daughter, Jewel Mayberry of Russell, Kansas; two sons, Jason Mayberry (Brittney) of Russell, Kansas and Ronny Austin Mayberry of Hays, Kansas; step parents, Kenny and Doris Blanke of Russell, Kansas; brothers, Jerry Terral Mayberry of Ceiling, Oklahoma, and Terral Mayberry of Borger, Texas, Haley Mayberry of Borger, Texas; step brothers, David Blanke and Gene Blanke; step sisters, Heidie Blanke and Star Blanke; and fourteen grandchildren. He was preceded in death by his parents, and brothers, Rick Mayberry and Jerry Don Mayberry.

A Gathering Celebrating Ronny’s Life will be held Tuesday, December 27, 2016, from 6:00 PM to 7 PM at Pohlman-Varner-Peeler Mortuary of Russell. Visitation will be from 9:00 AM to 8:00 PM Tuesday, December 27, 2016, at Pohlman-Varner-Peeler Mortuary. A Memorial has been established as the Ronny Mayberry Memorial Fund. Contributions and condolences may be sent to Pohlman-Varner-Peeler Mortuary, who is in charge of these arrangements.

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