September 5, 2002

By Steve Pardo spardo@detnews.com or 517-552-5503

The Detroit News

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Putnam Township, Michigan - A discrepancy over zoning and a difference in opinion over the necessity for a building permit has escalated into a "war" between officials and a township resident.

On one side is Joe Gardella, who had a nearly 3,000-square-foot barn put up on his 29 acres in the northeast section of the township nearly three years ago.

On the other side is the township. In February, township officials filed a civil complaint in the 44th Circuit Court saying it was illegal for the building to be on Gardella's property because Gardella didn't secure the necessary permits. Plus, the township said, by not getting the proper land use and building permits required, the barn constituted a public nuisance.

The two sides went back-and-forth in the legal system for months. The township fought for demolition of the structure by a "licensed contractor of its choosing who may be accompanied by any and all necessary Putnam Township and or law enforcement officials during the demolition process."

In March, the court agreed with the township. And that's when the zoning and building permit issue escalated into a war, according to Gardella.

"The judge has an order to destroy my building and to send armed people over," Gardella said. "When you send people with firearms to destroy someone's property, isn't that declaring war? I'm not going to stand here and take it."

Gardella, who had been representing himself, had until May 7 to make the "proper applications" to the township or knock down the building himself, according to court documents. He did neither. A potentially dangerous showdown was apparently postponed when Gardella hired Southfield attorney Stuart Sandweiss and the matter continued in the court system.

Sandweiss, through his professional briefs to the court, admitted Gardella's "tone may have been cantankerous." Still, Sandweiss said, Gardella had several valid points. Sandweiss echoed Gardella's claims that Gardella didn't violate the ordinance and that the township didn't have the authority to order the building demolished.

"Defense counsel apologizes to the court for Defendant's manner of approaching the case," Sandweiss wrote in his brief. "However, despite Defendant's unorthodox method of presenting himself, Defendant was correct on many of his assertions."

Specifically, Sandweiss said, the ordinance doesn't apply because Gardella's 29 acres is zoned for agricultural use and that zoning permits a barn to be constructed. The township said his land was zoned residential, but county maps show it is zoned agricultural. The wording for the permit, which says "No new use of land shall be commenced until a permit has been secured from the zoning administrator" refers to a person wishing to change the use of his property, Sandweiss said.

Plus, the building doesn't constitute a public nuisance, Sandweiss said.

Township officials refused comment on the issue since the legal fight is continuing. But in an April 25 letter to Gardella, township Zoning Administrator David Higgins said there have been no complaints on file against Gardella from other township residents.

Circuit Court Judge Stanley Latreille is scheduled to take the case on Oct. 7.

Gardella said his fight stems from principles. And he'd rather fight than pay the permit fees -- which would cost around $50.

"The money for the permits isn't the problem," Gardella said. "It's about principles and property rights. My property is zoned agricultural. I built a barn on it. I didn't do anything wrong."

http://www.detnews.com/2002/livingston/0209/05/b05l-579022.htm