Posted: 9/12/06
Brownsville junk dispute settled
By David Heiller
Argus News Editor
A dispute over Brownsvilleís zoning ordinance has been resolved.
A writ of mandamus that Steve Lee filed on May 5 against the City of Brownsville and three individuals was withdrawn on July 10.
Third District Judge James Fabian had ordered a 45-day discovery period on June 6 to determine whether the city of Brownsville was enforcing its zoning ordinance.
About 10 days later, Leeís attorney, Skip Wieser, and Brownsvilleís attorney, Jed Hammell, visited the two sites in questions. They found that the property owners did clean up the properties on their own, Hammell said.
The court had nothing to force the city to do, so the plaintiff said to dismiss the case, Hammell said.
ìAfter the court order the sites did get cleaned, which made the lawsuit moot,î Wieser said. ìBoth the sites were in compliance. The city of Brownsville sent Mr. Lee a letter indicating that they were going to continue to enforce their ordinances as they interpreted them.î
The letter states in part: ìIt will enforce its ordinances when it determines that there has been a violation. In the past, it has completed various letters pursuant to the ordinance and has taken other steps. In the future, it will continue to do so and issue the necessary citations if it determines that it is appropriate underneath the ordinance.î
Lee said he is monitoring the city to make sure it complies with the ordinances.
He said he withdrew the writ after he received written confirmation that the city would enforce its ordinances ìWe were pretty happy with that and not dragging it out any further and costing the city any money.î
The writ listed six dates in which complaints were made to the city about junk. It also included photos from different properties.
The three individuals listed were Tim Serres (the cityís mayor); his wife, Mary; and James Rohrer.
Tim Serres and Rohrer contended in court on June 6 that they were in compliance with ordinances. Serres also claimed that the writ was part of a personal vendetta against him by Lee.
ìOver his headî
Lee disputes that. ìThat shows me that itís going completely over his head,î he said on September 1, referring to Serres.
Improving the appearance and health of the community should be the cityís mission statement, Lee said.
Lee said he hears comments that the city has always been that way, and if you grew up there, you would understand. He thinks the attitude in Brownsville is, ìItís my property, I should be able do whatever I want with it.î
There is a culture of junk in Brownsville, Lee believes. He said people grew up with that environment and think itís normal. ìItís hard to change personal behavior. It sometimes takes generations. We donít seem to be moving in the right direction ... When it comes down to not addressing health and safety issues, then youíve got to draw the line.î
He said he was shouted down and harassed when he brought the subject up at previous council meetings, so he knew he struck a nerve. ìThe community is now talking about it,î he said. ìItís been like the elephant in the room. Nobody wanted to talk about it because certain individuals are doing it.î
Brownsville is in a beautiful location, and has so much potential, Lee said. ìWe could be such a better town with just a few things. A little TLC can go a long ways,î he said. ìI think Brownsvilleís got a lot of potential to be more than just a another speedbump on the Great River Road. Weíve got such potential and weíre just wasting it.î
Two different viewpoints
Serres has a different view of events and of Brownsville. ìThere was never a court order,î he said on September 4. ìI never moved a thing. The lawyers came down and said it was fine.î
Brownsville is getting better, Serres said. ìItís a slow process too.î
Some people have commented about what the city looked like 30 years ago compared to today. ìBrownsvilleís never looked better to them,î he said. ìThereís still stuff to be cleaned up. When somebody owns a piece of property and pays taxes on it, they have certain rights too.î
Serres said Lee commented other about how other citiesí mayors took pride in their cities. Yet neighboring cities like Caledonia, new Albin, and Caledonia have problem areas too, Serres said. ìI can still take you places that have cars sitting,î he said.
Serres also addressed a Lee claim that someone had wanted to move to Brownsville but saw stuff and didnít. ìThatís fine,î Serres said. But the city received another letter from a person camping across the river that praised the look of the city. ìHe was just so impressed with Brownsville.î Serres said.
ìI still think thereís a personal vendetta there,î he said.
Rohrer said he had to move three different things in order for Lee to be satisfied, and that it was difficult to do so because he is in a wheelchair. ìIt was a little frustrating.î
He gave an example of a trailer that was leaning against an ice shack. Rohrer was intending to fix it, but after Lee asked him to move it, he decided to give it away.
ìI was legal with everything,î Rohrer said.
Other things in Brownsville arenít being taken care of, and Lee is getting preferential treatment, Rohrer feels.
ìItís something that should have never happened,î Rohrer said on September 5. ìI feel Brownsville is too small a town, if people canít talk to each other, thereís a problem.î
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