Nuisance case jettisoned to county zoning

Hank Murphy

      The Florence Town Board’s legal tussle with Al Gummin fizzled out Friday when a judge refused to order an inspection of two private houses that, the town alleges, could pose public safety and health concerns.

      The issue, however, is far from settled. The matter has landed in a new venue, the Florence County Zoning Committee, which convenes March 3.

      With neighbors to the Gummin properties on hand to testify, Circuit Judge Patrick Madden would not open Friday’s proceedings to witnesses. Instead, he said the town lacks the legal authority to conduct inspections of private homes.

      “I believe the Town of Florence has nearly accomplished miracles in terms of the revitalization of the town, but there comes a time when the authority of the court ends, and it ends here,” Madden said. The issue of Gummin’s property is “no longer a question of the town of Florence, rather it’s a question for the county,” Madden said.

      Town chairman Tim Bomberg took the matter to the county Zoning Committee the same day.  

      The town board and Gummin have been at odds since the town announced in the spring of 2009 that it intended to vigorously enforce its nuisance ordinance governing substandard properties. The town sought to compel Gummin to make improvements to three properties: 600 Central Ave., 317 Norway St., and 700 Florence Ave.

      In June 2009, Gummin and his attorney, Gregory Seibold, reached a memorandum of understanding with the town board and its attorney, Dave Herrick, in advance of the U.P. Firefighters Tournament held in July. Gummin agreed to remove a 1970s-era camper van and improve the appearance of his Central Avenue property before the start of the firefighters’ games. In the meantime, the parties were to seek a comprehensive resolution to all outstanding issues. However, little progress was made in resolving numerous matters in dispute. In December, the town filed a motion asking Madden to order an inspection of Gummin’s two residential properties.

      Madden, however, said the town has no standing to ask for such an order and Gummin has a constitutional right to be protected from the court’s interference absent a warrant.

      In its December motion, the town alleged that:

·        Gummin’s commercial property at 600 Central Ave. is “believed to be structurally unsound” and could present a safety hazard for anyone entering the building.

·        Neighbors to a house at 700 Florence Ave. have “observed large mice entering and exiting the building and that there is a belief that other vermin are infesting” the property.

·        The property at 317 Norway St. has a failed roof, exposing the dwelling to the elements and it, too, “may also be infested with vermin …”

      In his reply, Seibold said the town wants to “punish the Gummins” for refusing to cave to demands that go beyond its jurisdiction. The motion was meant to “coerce the Gummins into capitulating.”

      “The town’s continued efforts to impose its own aesthetics on the Gummins and their properties, and their efforts to unlawfully condemn the Gummins’ properties, amounts to nothing more than unwarranted harassment,” Seibold argued.