Is it a junkyard or a junky yard? Judge to decide

LACONIA — The city asked a Superior Court judge Friday to order a Roller Coaster Road resident to remove dozens of derelict vehicles and pieces of machinery off his property, arguing the items constitute a junkyard. But the attorney for the property’s owner argued that state law and local regulations about junkyards do not apply to his client.

The city has been trying for 15 years to get Robert Kjellander to remove the motor vehicles, boats, trailers and pieces of farm machinery off his land, which situated on the corner of Roller Coaster and Parade roads just south of the Laconia-Meredith line.

Steven Whitley, the city’s attorney, told the court that an inspection conducted on Aug. 12 by City Planning Director and Code Enforcement Officer Dean Trefethen and Assistant Planner Rob Mora determined that the assortment of vehicles, scrap, debris, and spare parts constituted a junkyard under state law and city ordinance, and therefore have to be cleared away.

“What we have here meets the city’s definition of a junkyard,” Whitley said.

But Kjellander’s attorney, Patrick Carron, countered that state law and local ordinances view junkyards as commercial enterprises, and therefore do not apply to Kjellander because he is not running a business. Rather, he said, “these are things he likes to decorate his property or to fix” in order to make them operable again. “They have historic value,” the attorney said. “They all have a use.”

“It’s an unkempt yard at best,” Carron said.

The city said that the inspection found dozens of unregistered vehicles, contrary to Kjellander’s previous statements that all the vehicles are registered.

Under questioning by Judge James D. O’Neill III, Kjellander said some vehicles listed in the city’s inspection report as being unregistered are registered. He  acknowledged, however, that others were not registered.

At one point O’Neill asked Kjellander about a black Dodge Dakota pickup truck included in the inspection report. Kjellander said the vehicle was not registered, adding: “It’s farm equipment.”

“The Dakota is farm equipment?” O’Neill asked incredulously.

“It’s got four-wheel drive,” Kjellander replied.

But Whitley said whether any of the items on Kjellander’s land are farm equipment is irrelevant.

“There is no farming going on on the property,” he said.

Carron said any question of whether Kjellander is operating a junkyard should be decided at a trial, and should not be decided by a special court order that the city is requesting.

“The city is trying the jump to a conclusion without going to trial,” the attorney said.

Carron told the judge the junkyard laws are applicable only to businesses and not to private property owners.

“Is it the Legislature’s intent that this law should apply to him?” he asked.

O’Neill said he would examine the arguments made by both sides and would issue a ruling, but gave no indication when that decision would be handed down.