11/13/13 - A federal judge has struck down an ordinance in the City of Howell pertaining to property maintenance. The ordinance requires property owners to maintain the grass between the sidewalk and the street curb, which must not exceed eight inches in height. Resident David Shoemaker, who lived at the corner of Elm and Sibley Streets, filed the suit in U.S District Court in November of 2011 after a tree he planted was removed as part of street work in 2009, and replaced by the City with nine different trees. He refused to cut the grass in the City-owned right of way and the City proceeded to issue warnings and notices. It was eventually mowed by the Cityâs contractor per ordinance. Shoemaker refused to pay a resulting $600 in fees and the City placed the amount on his tax roll, which he was forced to pay prior to selling his home in 2012. The ruling from Federal Judge Lawrence Zatkoff says no rational relationship can be perceived between the interests of the City in abating nuisances on public property and the ordinance currently in place. Howell City Manager Shea Charles tells WHMI the ruling was received today and the impact is being reviewed, and an update will be provided to the City Council. He says an appeal of the ruling is under consideration. (JM)
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