Township board in Hanson County in spat with residentMan appeals assessment against him for property clean-up costs.
By: Chris Mueller, The Daily Republic
ALEXANDRIA — A Hanson County resident is appealing a $3,100 special assessment filed by the Edgerton Township Board for the removal of trees, brush and grass from the roadways near his property.
Donald Nebelsick filed an appeal Jan. 30 of the $3,100 assessed against his property in Edgerton Township by the township board for right-of-way maintenance, which included the cutting of several trees and the removal of brush, weeds and grass.
According to court documents, Nebelsick claims the board improperly resolved to charge landowners for the cost of the maintenance at its annual meeting March 1, 2011, by not allowing residents to vote on whether the costs should be paid by the township or the landowner, as he claims is required by state law. Because of this, Nebelsick claims the board’s decision to assess landowners should be “null and void.”
Edgerton Township’s response, filed Feb. 10 and prepared by Salem attorney Roger Gerlach, states Nebelsick’s claim is incorrect and that all board members and residents present at the March 1, 2011, meeting were allowed to vote on the issue.
Nebelsick, who is represented by Mitchell attorney Doug Papendick, claims in his appeal he was not given proper notice, as he was unaware of the $3,100 assessment on his property until he received a letter from the Hanson County auditor Jan. 11.
The township board acknowledges the Jan. 11 notice in its response, but also claims Nebelsick was sent personal notices of the assessment in September for each year in 2009, 2010 and 2011.
Nebelsick also alleges a number of the trees removed by the township were on his property and not in the right-of-way and in some cases stumps up to 4 feet tall were left intact.
His written appeal describes the board’s actions regarding this claim as “arbitrary and capricious.”
Edgerton Township claims the trees were not on his property, and some were left partly intact because they were attached or ingrown in Nebelsick’s fence.
Nebelsick also accused the elected officers on the Edgerton Township Board of not filing an oath with the Hanson County auditor, which would mean they are not qualified to serve in their positions.
The board responded to the accusation only by stating it was not relevant to Nebelsick’s appeal.
According to Papendick, a trial date will likely be scheduled at a hearing set for later this month in Hanson County.