Filsinger abatement case continued

The City of Sidney’s case against against Marvin O. Filsinger of Filsinger Excavating/ Filsinger Emergency Services for property nuisance abatement emerged as split hairs Wednesday before Cheyenne County District Judge Derek Weimer.

Wednesday’s hearing was set in an attempt by the City to file a motion to abate, by Ft. Collins, Colo. attorney Charlie Cuypers. Filsinger, though counsel Don Miller, sought a continuance in the matter, citing the timeliness of the hearing.

After some legal jockeying by both sides, Weimer fell in-between on the matter.

Weimer by and large overruled objections by Miller that pertained to the presentment of evidence, which included testimony and photographs taken by Sidney City Police Chief Mike Brown.

The two sides had apparently come to an agreement last spring, in that Filsinger was to have moved “eyesore” items from his properties along Illinois Avenue and south of the Cheyenne County Fairgrounds.

At that time (March 15) Weimer set down orders regarding the removal of certain items, and the two sides met on three occasions prior to Wednesday’s hearing.

The motion filed against Filsinger states that he had not complied with Weimer’s orders, particularly the fairgrounds property.

City of Sidney officials now wants permission to enter the property and abate the items, claiming Filsinger has done little to improve the property.

Miller said that based upon communication that him and his client had experienced with Cuypers in August, they were under the impression that Filsinger was in compliance with what city officials wanted.

Cuypers presented email evidence that the Miller and Filsinger had been contacted in advance with what Filsinger was being asked to abate by the city.

“We had no part when the setting was made,” Miller told Weimer of Wednesday’s hearing. “From Aug. 3 through Dec. 14, we thought things were moving along.”

Weimer set the next court hearing on the matter for Jan. 23 at 1 p.m.

Weimer ruled that Miller, who contested that he had no time to prepare for cross-examination for any potential witnesses at the hearing, will be given the opportunity to cross any of the witnesses presented Wednesday on Jan. 23.

As it turned out, only Brown testified.

Others in the court room, including Sidney City Manager Gary Person, City Attorney J Leef and interim chief building official Ben Dayton, were sequestered.

During questioning, Cuypers asked Brown if he could ensure the court that he had taken the photo evidence of Filsinger’s property upon Cuyper’s request a day previous to the court appearance and that they were accurate enough to depict what the property looked like.

Brown said he had taken the photos and that they appeared accurate to the scene at the property.

Brown also said that there appeared to be damaged and inoperable vehicles on the premises and that he didn’t see significant changes from when the property was examined in August.

In addition to the Jan. 23 hearing, an additional status hearing will be held telephonically at 3 p.m. Friday, at which time both sides can respond after having fully examined all interrogatories regarding discovery.