By Marc Schollett
Monday, August 24, 2009 at 12:54 p.m.
Read more: Local, State, Fact, Finder, Junk, Marc, Schollett, Fact Finder
The old saying goes one man's trash is another man's treasure. But for one Grand Traverse County man it's his treasures that have cost him thousands of dollars, countless hours, and a few trips to court to prove that its not trash. James Snider lives in Williamsburg and makes no bones about the fact that he has a collection of boats, and other toys he enjoys in his backyard. Snider says "I may not have brand new boats but I have the boats that I enjoy and I pay for and I work hard for." That collection of boats and other things has brought more than just enjoyment for Jim Snider. It's brought heartbreak and frustration for him, some of his neighbors, and the township.
As Snider explains it "The last 8 years have been a really tough time because people won't let me enjoy my life and my property rights they way that ever body should be able to do. As long as they are not hurting anybody else and they are not affecting any body's health safety of welfare you should be able to enjoy your property without having people say what you can and can not do."
And there in lies the problem. Snider has been battling with the township over whether he can or can not have several boats, which he says are seaworthy, or a car that he is working on or other projects parked in his back yard. He says he is within his rights and the courts have agreed. He has been ticketed at least twice only to have the cases been dropped. Snider says "every time I have gotten either a letter of notice or a citation I've gotten a couple, I have fought them every time and I have won them every time. They were dismissed and I didn't do anything that I normally would have done to get them dismissed, a different officer came by and looked at it and said I don't have a problem with it and that's the way it went."
Snider claims he is being harassed to get him to clean up his yard. He says he has spent thousands of dollars and countless hours fighting in court to keep his property the way it is. While he admits, his backyard isn't perfect; he says he isn't violating the township's junk ordinance.
Snider says "my yard isn't necessarily the way I want it but I make a point that whatever is in the public view because I do have a lot of items, I do try to keep everything that is possibly in violation behind a fence when it is out of view."
So are the boats and other things visible from the public's view a violation of Whitewater Township's junk ordinance? As you can imagine, that's not an easy question to answer. You know that saying, one man's trash is another man's treasure, and well it's kind of like that. There is a lot of interpretation in most townships' junk ordinances, to cover all the possibilities of what people might have in their backyard. They were written with broad guidelines. The Whitewater Township ordinance #38 defines junk as things that are "damaged, deteriorated or that are in a condition which prevents their use for the purpose for which were intended."
So could these boats or this car be used for the purpose they were intended? Snider says yes, they are seaworthy, even if they haven't been moved recently. The car he says needs a new top but runs. But according to the deputy's report that lead to his most recent citation they have expired registrations. So Snider argues they can be used, the deputy say yes, but not legally. So does that make them junk?
According to Snider at his July court date, the judge didn't think so and Snider was found not responsible for another citation.
I contacted Grand Traverse County Prosecutor Al Schneider about the case and asked him with two dismissed tickets, was Snider being targeted? In a written statement, he explained:
"Although Judge Phillips found Snider not responsible, this is still an open case, and I must exercise some restraint in commenting. I will say that from the photographs I saw, there was an arguable violation. Al Schneider"
Over the course of the past 3 weeks, I made repeated attempts via phone calls and emails to get a comment from the township regarding the situation or the current junk ordinance. The township failed to provide a response.
So what do you think? Is Mr. Snider within his rights? Has the township and prosecutor's office gone too far? Or should he be ticketed and forced to clean up his yard?
I want to hear from you on this one. Please leave a comment below.