POLAND Village gears up to renew battle over parked truck

A councilman believes an amended ordinance applies to the truck's owners.
By JOHN W. GOODWIN JR.
VINDICATOR STAFF WRITER
POLAND -- A disagreement between a family and village officials over where to park a truck continues and could end up being decided in a courtroom -- again.
Long distance truck driver Alfred Massie and his wife, Sandra Mikkelsen, moved into the house at 20 Water St. in early 2002. The couple reinforced the home's driveway to accommodate their semi, minus the trailer, but village officials have long said keeping the truck on the property is a no-no.
Initially the couple requested a variance to park the truck at the home, but that request was dropped when the couple said the ordinance as written did not apply to them. The ordinance stated "trucks in excess of three-quarter ton capacity shall not be parked on the premises."
Mikkelsen, at that time, said capacity implies the vehicle's ability to hold a certain amount of material. Since the trailer will not be parked with the truck, the ordinance did not apply, she said.
Ruling
Village Councilman Bob Limmer said the issue went to Struthers Municipal Court earlier this year. A letter to village officials said Judge James R. Lanzo ruled in favor of Massie and Mikkelsen, saying the ordinance did not cover the semi-tractor but the capacity of a trailer if there were a trailer on the premises.
Village council, in an attempt to strengthen the language in the ordinance, amended the ordinance in May. The amended ordinance specifically states, among other things, that no semi-tractors are to be parked on residential property.
"We thought that the new ordinance would cover their use of the semi-tractor on their property," said Limmer.
Mikkelsen and Massie, however, contend that the amended ordinance does not apply to them because their truck was parked on the property before the amendment was made, making it a nonconforming use.
Limmer told council at a meeting this month that village Solicitor Damian DeGenova said Mikkelsen and Massie may be correct in their belief that the amended ordinance does not apply to their truck. Limmer, however, wants a second opinion.
Limmer said he is concerned that if Massie and Mikkelsen park their truck in the residential area, others will want to do the same.
Hiring counsel
Council has granted Limmer permission to research the cost of hiring outside counsel to handle the matter. He said no decision to hire an attorney has been made by village council, but he will present his findings to council in the near future.
Attorney Paul Dutton, legal counsel for Massie and Mikkelsen, wrote in a letter sent to DeGenova that he will advise the couple to file a federal civil rights action against the village and individual council members if village enforcement action against the truck does not stop.
Some of Massie's and Mikkelesen's neighbors have spoken in favor of allowing the vehicle to stay, but many have said it is too big and would ultimately bring down property values. A petition with more than 150 names of residents against the variance request was presented to the village zoning appeals board in October 2002.
jgoodwin@vindy.com