One year battle over junk citation
By Greg Angel
Monday, September 14, 2009 at 6:23 p.m.
Read more: Local
AVERY TOWNSHIP -- Is it or isn't it "junk"?
That's the question at the center of a dispute on-going now for more than a year in Montmorency County.
"They say one person's junk is another person's treasure, but in my case I do a lot of good with some of the things I have," said Michael Garten, a property owner in Avery Township who is outraged over the actions of his township.
On Garten's property there is quite a collection of things, a bit of this and a bit of that. But, Garten says all of it including the eight cars, six snowmobiles and compilation of other materials are fine just the way they are and are useful for other projects and hand-me-downs. Many of the materials such as the windows for example, Garten says he donates to the local charities.
"Everything I have runs and drives," Garten says.
But, Avery Township sees it another way. After receiving an initial warning from the township about the condition of his property Garten says he received a citation even after cleaning up his property.
"I feel as though they've pretty much said hey we're going to tell you what to do and you're going to do it our way or we're going to make your life a living blank, which is what they've done because my life has been a living blank because of this," Garten said.
Garten has been in and out of court on numerous occasions and has been fined $250 along with being ordered to clean up his property. This after Garten says he's already hauled off more than 20,000 pounds worth of materials, but the township Garten says insists is not enough.
Adding to Garten's frustration, he says he's being unfairly treated by the township and in the court.
"On Friday during the show cause hearing the township official and the attorney for the township stated that I was uncooperative unwilling to talk to them but I have documentation (to show otherwise) that I tried to submit to the judge but he refused to look at it," Garten said.
Furthermore, Garten says the township has refused to turn over anything in writing including documents and reports as he's requested on several occasions.
Garten says he lives in a rural area where his property is not easily visible from the road because of obstructing landscaping. Adding to his confusion Garten says he was told by the township that they only initiate investigations when there is a complaint filed, however Garten says he was told there was never a complaint filed against him.
While it may be hard to see most of the stuff from the road even, Garten says his property is far from a junk yard. He says his biggest fear is the fact that the township could be doing the same thing to others.
Attempts to reach the township through their attorney was unsuccessful.