Village Wins Nuisance Appeal

Court decision in public nuisance case. The ruling in Cass County District Court was in favor of the plaintiff, the Village of Union.

The Cassgram report that In April of 2011, the Union Village Board ordered a property cleanup directive to William Bescheinen on lots in Union, including the former schoolhouse property,

After what it considered non-compliance, the village board filed a public nuisance civil lawsuit in district court in July of 2011. The village requested that the court order building and window repairs, and that vehicles, equipment, trash and litter be removed from nine properties. The filing also asked for fines to be levied and that the defendant not trespass on Village of Union property on 127 West Main Street.

In a court affidavit answering the filing, Bescheinen said he reached agreement 13 years ago with the village board to keep equipment—he owns an earth moving/construction company—on the properties. He said there are no structural problems with the properties and he has not abandoned them. The defense also challenged the validity of the nuisance ordinances, both in the way they were enacted and in their compliance with state law.

In the order issued last week, Cass County District Court Judge Randall Rehmeier wrote, “The evidence is clear and undisputed that the nuisances complained of by the Village of Union have continued and the only available remedy is granting the injunctive relief prayed for by the plaintiff.” Bescheinen was given 180 days to abate the public nuisances and what needs to be done was specified in the court order.

The ruling imposed a $1,000 fine.

The defendant was also ordered to remove all personal property and trash from 127 West Main Street and then not trespass onto that property.

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