COLDWATER, MI (WTVB) – Branch County District Court Judge Brent Weigle ruled during a show cause hearing on Friday that Cornelius Farms and its manager Fred Cornelius were not in compliance with a order he made last winter to clean up a compost site on M-86 near Hodunk Road by March 1.
Weigle also determined that the defendant continued to bring waste products onto the property after he issued an injunction in his January 12 ruling.
The judge found at that time the owners were in violation of Batavia Township’s zoning ordinance.
Weigle chewed out Cornelius for disobeying his order, calling it “breathtaking arrogance”. The judge also pointed out it was the first time in nearly three decades on the bench someone had disobeyed one of his orders.
The matter will be reviewed at 10:00 a.m. on June 18 and if the property is not 100 percent in compliance, Cornelius will have to report to the Branch County Jail at 12:00 noon that day. An angry Weigle told Cornelius, “enough is enough” and warned him if he didn’t report to the jail on time, the judge will issue a bench warrant for his arrest.
The township took Cornelius Farms and Cornelius to court last summer claiming the alleged commercial composting was not permitted in an agricultural district. The township also complained about the “obnoxious odors” which according to the plaintiff constituted a nuisance.
The defendants maintained that the Michigan Right to Farm Act preempted the local zoning requirements and therefore precludes a nuisance finding.
The judge’s nine page ruling in January came after a formal hearing was held on December 8, 2020.
Weigle ordered the defendants at that time to remove the materials from the site and that they no longer would be allowed to retain compost matter, solid waste, food processing remnants, animal waste products or any other manufacturing by products on the property. No additional such product of any kind would be allowed according to the January order.
The defendants were also ordered to maintain the property in full compliance with the Township Zoning Ordinance.
Why dont you deal with the one too on the corner of hodunk and 86…Harold Harter i do believe. Ive never seen such a mess…kill two birds with one stone.