transferred to Virginia
Salvage materials being
transferred to Virginia
by William Lackey
By kathy baratta
Staff Writer
Photos show the difference in the 8-acre property on Maxim-Southard Road, Howell, that is being cleaned by William Lackey. The photo at left was taken in 1997, when salvage material cluttered the lot. The photo at right was taken in August by Stephan Siegel, the attorney representing Lackey, and shows progress that has been made at the site. HOWELL — Municipal officials were back in court recently for what they hope was the last step in their effort to enforce a court-ordered cleanup involving the owner of an 8-acre Maxim-Southard Road property.
William Lackey is the owner of the property which is in an agricultural-residential zone.
Over more than the past decade, Lackey had turned the once agriculturally used property into an industrial salvage yard. The township has been in and out of municipal court and state Superior Court over the matter since the summer of 2001.
Superior Court Judge Lawrence M. Lawson ruled more than a year ago that Howell has the right to enforce the zoning in the area.
Last year, Superior Court Judge Joseph P. Quinn issued a court order that allowed Howell to take over the cleanup of the property and then put a lien against the property for collection of any cleanup fees if Lackey did not clear the property in a reasonable amount of time.
Determining what is a reasonable cleanup has become an issue of contention for both parties.
In a hearing before Quinn before the most recent court appearance, both parties were instructed by the judge to meet and formulate a mutually acceptable cleanup plan to present to the judge.
Attorney Stephan Siegel of Freehold Borough, who represents Lackey, spoke with a Tri-Town News reporter following both hearings held in August.
According to Siegel, at the first hearing, Quinn reviewed his previous order to enforce the cleanup. Siegel said Quinn found the original order contemplated a list being compiled of the items the town would want removed, with both parties meeting on a monthly basis for a period of five to six months until the cleanup process was complete.
According to Siegel’s understanding of the judge’s intent of the order, if at the end of the six months the list had not been completed, only then would the judge intervene and issue an order of enforcement of his prior order of cleanup.
Siegel said the problem was that when Howell officials got together with Lackey, they didn’t make lists but instead pointed out various items they would mutually agree at the time should next be removed and the township official would then take photographs.
Unfortunately, Siegel said, "When you take a picture of an item, it encompasses many items."
Siegel said the parties now, in looking back at the photos, couldn’t come to an agreement on what was supposed to have been removed by this point in time.
"Looking back it was hard to tell what had been agreed to be moved. It was our position that we had complied with what had been agreed upon. There was no way for the municipality to say, ‘Well, you said you would remove this particular tractor,’ " he said.
That was why, he said, the judge had first ruled the parties should get together and compile a list.
Howell code enforcement officer Chris Jackson told the Tri-Town News he had never been aware of the need for a list.
Following the first court appearance before Quinn in August, Jackson said it had been explained to him by Edward Corrigan, an associate of the township attorney, that according to Quinn’s original order, a list of 16 items was supposed to have been drawn up.
"I wasn’t aware of any list so I was taking pictures every time I went out there to show that he [Lackey] wasn’t making significant progress in the property cleanup," Jackson said.
Jackson said Quinn’s interpretation was that the pictures didn’t show what was to have been moved or what had been moved.
Several months ago, Siegel told the Tri-Town News that almost half the work was done. He has said that what appears to be continued storage of equipment and motor vehicles on the Lackey property is really old items that are being brought forward on the property as the cleanup continues.
Earlier this summer Siegel said that "very nearly 50 percent of what was originally stored there has been removed." The attorney maintains his client has been in compliance with the court-ordered "re-moval of materials on a continuous basis."
According to Siegel, under the parameters of the new order from Quinn, instead of drawing up a list of particular items to be removed, the property will be divided into four sections which will be cleared one at a time.
Siegel said Lackey will have 45 days to clear each section.
"Barring any weather problems, I expect to pretty well accomplish our mission," of having the cleanup completed within six months," Siegel said.
Jackson said it was his idea to clear the property in quadrants. He said that on the first day following the end of each 45-day period, he will inspect the property to ensure compliance per section.
If Lackey does not comply and the cleanup is not ongoing until completion, the township can go before Quinn and request that he enforce his prior order for cleanup by the township.
Siegel said Lackey will continue to remove the items from his Maxim-South-ard Road property and take it to land he owns in Virginia. He pointed out that part of the judge’s order recognized that Lackey will be operating a horse farm at the Howell property and as such the judge is allowing for some farm equipment to remain on the property here.
Siegel said among these items are tractors, a back hoe, a small bulldozer and some steel. According to the attorney, "Anything that looks like junk is going to go. Anything unsightly like cranes and such."
"My expectation is that when [Lackey] is finished, the property will look very orderly," the attorney said.
Jackson said he will be getting a list from Lackey of the items that will be allowed to remain on the property.