Driveway dispute lands owner out of biz


RUN A BUSINESS THAT IS VIRTUALLY LAND-LOCKED. THERE áISá ONE WAY IN AND OUT BUT A JUDGE HAS BLOCKED IT. TONIGHT PAM ELLIOT IS ON ASSIGNMENT SHOWING YOU HOW A COURT CAN LOCK YOU OUT OF YOUR OWN PROPERTY. IN 2004 HOWARD GRAY BOUGHT THIS LAND OFF PENNYROYAL ROAD WITH AN UNDERSTANDING. HE KNEW THE PROPERTY SPANNED TWO COUNTIES, TWO TOWNSHIPS AND WAS ZONED TWO DIFFERENT WAYS. BUT HE DIDN’T KNOW DOWN THE ROAD THIS GRAVEL DRIVEWAY WOULD LAND HIM IN COURT. PAM: KNOWING WHAT YOU KNOW NOW WOULD YOU HAVE BOUGHT THIS? HOWARD: NO. TO BETTER UNDERSTAND GRAY’S PREDICAMENT, TAKE A LOOK AT THIS MAP. GRAY’S PROPERTY INCLUDES SIX-AND-A-HALF ACRES IN WARREN COUNTY ZONED “RESIDENTIAL” AND 2-PLUS ACRES TO THE NORTH IN MONTGOMERY COUNTY ZONED LIGHT INDUSTRIAL. GRAY BUILT A HOME IN WARREN COUNTY AND A STORAGE FACILITY IN MONTGOMERY COUNTY WITH THE UNDERSTANDING TENANTS INCLUDING HIMSELF A LANDSCAPER, COULD USE THE DRIVEWAY TO ACCESS WHAT HE CALLED PENNYROYAL SELF STORAGE. PAM: SO YOU HAD THE BLESSING OF BOTH COUNTIES. HOWARD: YES. PAM: AND NOW NEITHER IS COMING TO YOUR DEFENSE. HOWARD: AMEN. ORIGINALLY, CLEARCREEK TOWNSHIP’S ZONING INSPECTOR GAVE THE GRAY FAMILY HIS BLESSING TOO…BUT YEARS LATER THE MATTER ENDED UP IN THE WARREN COUNTY COURTS. JILL MEAD/LAW DIRECTOR, CLEARCREEK TOWNSHIP: HE TURNED OUT TO BE WRONG. HE IS JEFF PALMER AND HE’S STILL IN CHARGE OF ZONING FOR THE TOWNSHIP. JILL MEAD IS THE TOWNSHIP’S LAW DIRECTOR NEWLY HIRED TO DEAL WITH THE AFTERMATH OF HIS MISTAKE.MEAD: IT IS A NIGHTMARE. I CAN’T DISAGREE.NAT TRAILER DRIVING OFF NEIGHBORS HAVE COMPLAINED ABOUT DUST AND TRAFFIC THAT ENDANGERS CHILDREN. MEAD HAS PICTURES OF COMMERCIAL VEHICLES COMING AND GOING NEAR WHERE KIDS PLAY. A JUDGE ORDERED GRAY TO STOP USING THE DRIVEWAY FOR COMMERCIAL PURPOSES. THE COURT OF APPEALS UPHELD THAT RULING. PAM: LOOK AT THE OPTIONS HERE, JILL. JILL: THEY DON’T HAVE ANY.WELL I GUESS THERE IS AN EXPENSIVE OPTION THROUGH MONTGOMERY COUNTY IS MY UNDERSTANDING THEY’D HAVE TO GET THROUGH A CULVERT OR DITCH OF SOME SORT. AND IT’S UNFORTUNATE, THIS WHOLE STRING OF EVENTS IS UNFORTUNATE. NO ONE NOT EVEN THE COURTS CAN DENY THERE WAS INHERENT UNFAIRNESS TO THE GRAYS. BUT MEAD SAYS THE GRAYS HAVE BEEN IN CONTEMPT OF COURT BY CONDUCTING BUSINESS AS USUAL. HOWEVER, THIS WEEK THE LANDSCAPE CHANGED.PAM ELLIOT: 6 DAYS AGO WHEN WE WERE HERE ALL WE HAD TO WORK WITH WERE THESE MARKINGS THAT INDICATE THE COUNTY LINE RIGHT HERE. BUT TODAY THERE’S A FENCE. THE GRAYS PUT THIS FENCE UP. THE PROBLEM IS THE LAW DIRECTOR FOR CLEARCREEK TOWNSHIP SAYS THIS MAY NOT BE EXACTLY WHAT THE JUDGE ORDERED. RUNS=20 THE GRAYS WERE ALSO TO HAVE TURNED OVER THEIR LIST OF TENANTS SO THE TOWNSHIP COULD CONTACT THEM AND MAKE ARRANGEMENTS FOR THEM TO GET THEIR THINGS.TOM FATH: I DON’T HAVE ANYWHERE TO PUT MY BOAT NOW. TOM FATH HAS BEEN RENTING SPACE FROM PENNYROYAL SELF STORAGE FOR FIVE YEARS. HE PULLED HIS BOAT OUT AFTER HE HEARD FROM GRAY HIMSELF. HE’S NOT SURE WHERE HE’LL GO FROM HERE.TOM FATH: ALL OF THE ENCLOSED BOAT STORAGE PLACES ARE PRETTY MUCH TAKEN AT THIS POINT. MEAD: YES, A BUSINESS IS LOST. HOW ONE MEASURES THAT AGAINST THE QUIET ENJOYMENT OF ONE’S RESIDENTIAL PROPERTY I DON’T KNOW. MEAD SAYS THE GRAYS CAN FILE FOR A ZONING VARIANCE BUT IT’S LIKELY THE NEIGHBORS WHO HAVE COMPLAINED ALREADY WON’T GO FOR IT. THEY COULD PUT UP BARRIERS ALONG THEIR DRIVEWAY AND THAT MIGHT SATISFY THE NEIGHBORS….BUT THERE’S NO GUARANTEE. FOR NOW THE GRAYS ANTICIPATE LOSING 60-THOUSAND DOLLARS A YEAR IN RENT….ON TOP OF BEING LEFT WITH A USELESS 300-THOUSAND DOLLAR STORAGE FACILITY. HOWARD GRAY: WE’RE GOING TO STILL HAVE A MORTGAGE ON THE PROPERTY, STILL GOING TO PAY INSURANCE ON THE PROPERTY, AND WE’RE STILL GOING TO HAVE TO PAY TAXES ON THE PROPERTY THAT WE ARE NOT ALLOWED TO ACCESS. PAM ELLIOT, 2 NEWS ON ASSIGNMENT. WEATHER OPEN FULL

Posts Tagged with…

Reader Comments

  1. Nick Prince

    Stop using other people properties as your own. When you bring sketchy people into a area that are using a storage unit, because of hard times no doubt and from my personal observations. The dude can go fuck off.

  2. Big Bad Blue AMX

    Buttheads approved it and they should live by their decision. Just another case of somebody getting paid in order to get what they wanted.

  3. jacob carolan

    This is an over reach of government authority. Stuff like this seems to happen all they time. When someone sees you doing well they instantly start trying to find a way to fuck it up to feel better about working for the government and getting paid squat.

  4. TADionysus

    the judge is in violation of the law you cant be denied access to your land if it is land locked the driveway that is there is the easement for access to that land and it is against the law to deny someone access so knock down the fence or whatever is blocking you or have the owner of that property next to you buy out your land force them to buy it

  5. Adam Dunphy

    With kids playing 5-30 meters away is there a playground if so try to see if paving it is ok, if no playground tell the kids to fuck off

  6. Sebastian Sekkusu

    The complaint is from the neighbors telling him what he can and can't do on HIS property "It endangers children that are playing over there" That's private fucking propterty, there shouldn't be any children over there

  7. Eìon O'hInneirghe

    It's giving simple pave the damn gravel road problem shocked for the dust part and as for the safety of the kids, just one question, why the fuck are kids playing there when there was no sign of a park or school, yeah like i thought lie again retards, now shut the fuck up.

  8. Joseph Dietz

    Grandfather clause it was up before and the complainant filed the county officiall approved thus that would be considered a variance to the presidential clause only if the property changed hands could the variance be rescinded hire a real attorney or maybe a real estate attorney and refile the case

  9. robert feller

    America…where lawyers and desire to enforce rules trumps common sense. I’m all for regulations but let’s find a solution for mistakes. But you know wealthy people (homeowners) rule the world.

  10. D1KHEAD808 Manz

    Ag and light industrial zoning and the concern is residential neighbors. If you build a house near ag or industrial zones you know exactly what you’re getting into.

  11. Walamo

    I don’t understand this to be honest, if it’s your property that you own, how can the city tell you people can’t use the driveway to access the storage?

  12. Pedro Brambila

    Dust really omg so fucking bad we used to play in the dirt dust ain’t gonna do shit they think we are that fucking weak or what

  13. Rueben James

    Poor man-he has two sets of bureaucrats to deal with. Call pest control because there is no other way to deal with them. Quiet enjoyment? My stupid hipster neighbors jump around all night and I can't get help with that but these people in the middle of nowhere get help with a road by two courts? I'm always in the wrong place.

  14. Bert Osterberg

    Sue the zoning inspector for 300 thousand dollars for his violation of the zoning law and giving the initial zoning permission

  15. CobraGaming520

    Idk if I’m right or not but I thought you couldn’t block access to a property if the driveway had been being used already.

  16. Solarstan of YouTube

    Why let your kids play by the road and as long as the drivers are driving sensibly if those kids get hurt its dawinisum also if those neighbours don't like dust then they should pay for a real road

  17. RoBoVader

    You know, I honestly don't think he cares about the land, He's going to keep waiting till the township highers the money they want to give him and then he'll accept the deal.

  18. Chris Cantwayy

    This is how people get murdered because some hardworking buisness owner gets screwed and loses everything and eventually snappes because of greedy judges and town officails cant keep there hands out of other peoples pockets and property

  19. Ray karl

    MONEY, MONEY, MONEY really makes this Township bend to the will of, NOT THE OWNER.  They Okayed it, he should be reimbursed in full!

  20. jcllings

    Find out what they really want to do with the land. I guarantee you there's a One Percenter behind it who has paid off the counties.
    Gee whizz… if I can't run my business, I'll have to sell the land to a *NUCLEAR WAIST STORAGE COMPANY* with Federal authority.
    See how that grabs em. …I mean unless the military needs a place to store *NERVE GAS BOMBS* again with Federal authority.
    There's always a way to retaliate. What about some nice stinky sewage treatment or just your personal compost pile that all the local farmers use?

  21. TheJscottbpsmith

    Watch the lady talking about how terrible it is for the grays all the while smiling and looking like the Cate that are the mouse.

  22. madcow usa

    Looks like a typical 45-50 mph rural road, kids don't play there. Dust? Build a 8' decorative block wall, nice side facing neighbors, and blacktop the gravel. Non issue.

Write a Comment

Your email address will not be published. Required fields are marked *