Filsinger ‘not getting the job done’

The legal wheels are grinding once again in the The City of Sidney’s property nuisance abatement case against Marvin O. Filsinger of Filsinger Excavating and Filsinger Emergency Services.

The city on Monday filed a motion to abate public nuisances before Cheyenne County District Judge Derek Weimer.

The motion, filed by Fort Collins (Colo.) attorney Charlie Cuypers and Sidney City Attorney J Leef, alleges Filsinger has not complied with the Judgment ordered by Weimer on March 15, and the city is seeking to enter the property south of the Cheyenne County Fairgrounds, and abate “eyesore” items listed in the Judgment.

The motion states that Filsinger has not complied with the agreement. A hearing on the matter has been set for Jan. 9, 2013 at 2:30 p.m.

“On various dates since the filing date of the Journal entry and judgment through Dec. 13, 2012, employees of the Plaintiff have observed the Defendants’ property and noted that the Defendants have failed to comply with the schedule in the joint stipulation which was incorporated in the Court’s Judgment,” Cuypers’ motion stated, “ and the Defendants have failed to complete abatement of public nuisances at any of the properties referenced ...”

In a telephone interview Monday from his Fort Collins office, Cuypers said that despite the Judgment and subsequent phone calls and meetings, Filsinger has not complied with the agreement.

“We feel enough time has elapsed,” Cuypers said. “They are not getting the job done, and we have inspected the area three times. We’ve been by there repeatedly.”

Filsinger’s counsel, Sidney attorney Don Miller, said he was “surprised” by Cuypers’ motion.

“We were kind of surprised by it,” Miller said this morning. “My client has done a lot of work with the city, and we’ve been cooperating with them. We’re hoping that we can visit with city officials prior to the hearing, to try and get this resolved.”

The city had four claims of relief against Filsinger, who was listed in public records as majority stockholder and president of both the excavating business and emergency services.

One course of action in the complaint, which centered around illegal dumping of fluids, was dismissed after the companies proved they were no longer in violation.

Judgment on the other three claims favored the city, with Weimer ruling that Filsinger was in violation of city ordinances by operating an illegal junkyard in at least seven locations within certain zoning jurisdictions; that the company was illegally storing unlicensed vehicles and parts, which includes all manner of vehicles and equipment; and that some of Filsinger’s personal property was obstructing the full width of Jackson Street, so much that the street could not be graded, improved or used by the public, and that it also limited access for public safety services.

Filsinger, through Miller, agreed to a series of deadlines in order to be in compliance with the agreed stipulations.

To satisfy the first claim of relief, Filsinger was ordered to abate public nuisances – by removing all inoperative, disassembled, wrecked, or junked trailers, construction equipment, tractors, farm equipment, used tires, utility poles, demolition debris, used lumber, barrels, tanks and scrap metals – at the main properties at 2365 and 2375 Illinois St. by May 1.

By June 1, Filsinger was expected to be in compliance at the fairgrounds property, and by July 1 at the school land property.

The ruling stated that Filsinger could maintain used tires on the properties as long as they were stored inside a building. In addition, Filsinger agreed to have all operative, but unlicensed trucks and trailers removed from the main property by July 15, the fairgrounds by Aug. 15 and the school land property by Sept. 15.

The third course of action by the city was to be settled by Filsinger removing stored parts from the main property on Illinois Street by May 1, the Filsinger Second Addition by June 1 and at 1204 4th Ave. by July 1.

Filsinger agreed to abate the occupying and obstruction of Jackson Street, and by May 1 must remove all his property which is situated in the right of way on Jackson Street.

Filsinger’s businesses, which rely on the retrieving, cleaning, removal and storage of wrecked vehicles, were allowed by the ruling to be able to operate normally, so long as the storage period didn’t exceed the period by which the property owner or the owner’s insurance can inspect, photograph and salvage items from the damaged equipment.

According to Cuyper’s motion, Filsinger has not satisfied any of the Judgments and deadlines, but that the motion is “specifically directed at a single property (fairground area) owned by the Defendants which is subject to the Judgment, (but that) none of the other properties that are the subject matter of this action are in compliance with the Judgment and the Plaintiff reserves its right to request additional relife in the future, if necessary.”

The City of Sidney is seeking the right to enter the Fairgrounds area property to abate, and pursuant to a Court order, would also ask the court to review the costs and tax the expenses to the defendants.