|
| |
|
| |
|
|
|
December 19, 2003Citations against Clous increase, his wife cited, tooDefense counsel says it changes whole caseByRecord-Eagle staff writer TRAVERSE CITY - Prosecutors want to expand the time frame of alleged environmental violations against local developer Bill Clous, which could push potential sanctions against him into the millions of dollars. District Judge Thomas J. Phillips at a hearing Thursday granted county Prosecutor Dennis LaBelle's motion to amend a citation against Clous for alleged earth-moving work done on 360 acres of land along Townline Road in East Bay Township. The county also issued a second citation in the case last month to Clous' wife, Toni Lynn Clous, as co-owner of the property, and a third ticket alleging Clous failed to follow "best management practices" while re-working the land. State regulators also accused Clous of violating wetlands laws by altering streams and filling or damaging wetlands. That case also is pending. The original citation issued in the soil erosion dispute was dated March 1 of this year, although LaBelle argued that some of the alleged land clearing was done before that date. He asked the court for permission to amend his complaint to Jan. 1, 2002. The potential violations could run through the start of Clous' trial, which is tentatively scheduled for mid-March. Failure to secure a soil erosion permit is a civil infraction that carries a fine of up to $1,000 a day - meaning a potential $800,000 fine for each of three charges against Clous and his wife. "What I'm trying to do is keep this thing in some kind of manageable time frame so we can deal with it," LaBelle said. "The real issue is when were the earth changes occurring," he said. Clous' attorneys countered that allegations against him have become a moving target and that they'll oppose the prosecution's request to expand the case. "It's unfair - it greatly enlarges the scope of the claim," defense counsel Troy Stewart said. "(LaBelle is) trying to change the whole aspect of the case." Stewart also asked the court to throw out the citation issued last month to Toni Clous, which he called "absolutely frivolous" and "harassment." "Mr. LaBelle knows Mrs. Clous has nothing to do with this matter," Stewart said. Phillips disagreed. "I think the owner is an interested party," the judge said. "She may have some responsibility."
|
|
