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NewsFriday, May 23, 2008 11:23 PM CDT
DeWitt County gives OK for machinery owner to grow after dispute
Sides ask county to pay for barrier to make everyone happy
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CLINTON -- The DeWitt County Board has ruled in favor of a DeWitt County heavy-equipment business owner in a longstanding zoning dispute.

On Thursday night, the board voted unanimously to allow Schmidy’s Machinery owner Jesse Schmid to expand his business next to the Evans and Stone subdivision on the southwestern edge of Clinton.

Homeowners in the subdivision previously filed a formal protest, but they have agreed to drop their argument that Schmid’s property is improperly zoned if a barrier is placed between the business and the subdivision.

Schmid’s attorney, Joe Taylor, told the board a barrier is not required and his client should not have to pay to have one installed. Frank Byers, a Decatur attorney representing the homeowners, said his clients were not willing to pay for the fencing either.

So, collectively, they asked the county to pay for the barrier in exchange for a satisfactory agreement from both parties.

Last month, after the board tabled the question of Schmid’s expansion request, Schmid cleared several trees from his property, upsetting several of the subdivision homeowners.

The item was not on Thursday night’s meeting agenda, so the board was unable to vote. In a straw poll, board members reached a consensus that the board would research the matter and take a formal vote in June on the expenditure.

That will provide time for county officials to research the cost of placing a barrier along the 1,000-foot property line.

The two parties have been battling since last June, and many board members said solving the conflict was worth the cost.

“We can end this tonight and should end this tonight and end it on a positive note and not a negative,” board member Larry Martin said. “If it takes having the county pay for a buffer, I would say it would be in our best interests.”

County officials also considered placing pine trees along the property line, but space issues and potential septic line problems convinced them that the fence was the best option.

Not everyone is sure that it is the best solution, however.

Board member Melonie Tilley expressed concerns about the county spending money to make a dispute between property owners go away.

“I think we got caught in the middle of this,” Tilley said. “I feel like we would be setting a precedent with this move.”

If the county opts not to pay for the barrier fence, the homeowners still would have the option of filing a protest.

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Reader comments on this story - 2 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

what a shocker wrote on May 23, 2008 5:28 PM:

" Re: DK61727,
I'm with ya one that one...bring on the fence installers! "

DK61727 wrote on May 23, 2008 12:32 PM:

" The litigants finally came to an agreement; they agreed it would be preferable for the taxpayers to purchase a remedy to make this court's decision more palatable? Is that it? Have I missed anything? And, board members agree that said proposal would be in every county taxpayer's best interest? I have two responses, pick one: 1) Duhhh, O.K., thanks. 2) Thanks for the precedent! I shall immediately be making application to the board requesting the county pay for a new barrier between me and my neighbor with the ugly house. "

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