Is enforcement even permitted here?
New Albany demands Andres vacate property; City alleges business in violation of court order, zoning restrictions, by Daniel Suddeath
NEW ALBANY — The city of New Albany filed a show cause motion Wednesday accusing D Andres Enterprises of violating a court agreement to remove machinery, trucks and materials from property adjacent to the John-Kenyon Eye Institute along State Street by Jan. 31.
Company owner Dennis Andres neglected to obey a court order agreed to in November that stipulated D Andres Enterprises had to purge its equipment from the property, dispose of hazardous materials properly and follow zoning restrictions to use the area for his business, which includes dump truck and heavy machinery services.
The area in question is between the John-Kenyon Eye Institute’s property at 519 State St. and the D Andres Enterprises lot at 615 State St. There have been legal actions taken by the city against Andres stemming from the issue since 2009, as John-Kenyon Eye Institute CEO Paul Klingensmith said the adjoining property has become an “eyesore” to the neighborhood.
Perhaps oblivious to the way things tend to work in DNA's Come Down City, Klingensmith then drew himself up and spoke crazy words of revolution and upheaval, at least by New Albany's classically slovenly standards, which you can bet won't be referenced in Bob Caesar's Bicentennial coffee table book about the finest in bearded white folks and their bread.
“We want to be good neighbors, we don’t want anybody to lose their business or lose their ability to do business especially in this economy,” he said. “We just want people to clean up their act so that their property looks better, so the area looks better, so the neighborhood looks better.”
Clean up their act? Is this guy from a foreign country -- or perhaps Switzerland? Does he think he's Martin Luther, nailing theses/feces on the political disestablishment's door?
But it gets even better. Listen as the city attorney actually ... wait for it ... concurs!
But according to Klingensmith, Andres has claimed he was “grandfathered-in” to possession of the property adjacent to his 615 State St. business, but City Attorney Stan Robison doesn’t agree.
“He doesn’t own that property, he shouldn’t use it, he can’t use it, so we’re going to make it stop,” Robison said.
He described the lot in question as “pretty much a mess” and added he doesn’t fault neighboring property owners for being upset about the situation.
Hats off to Stan. While you really have to wonder whose dog Andres shot, by all means, let's rally in favor of this bizarre, against-all-tradition new precedent ... assuming, of course, that it isn't to be merely a one-miscreant deal.
1 comment:
Hopeful that this is not a one shot deal. I doubt that Stan was hired because of his bashfulness.
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