Property owner in junkyard dispute appeals case

LACONIA — The owner of property at the intersection of Roller Coaster and Parade roads, who is under court order to remove derelict vehicles and accumulated scrap off his land, is appealing his case to the state Supreme Court.

Robert L. Kjellander, whose address on the appeal is listed as 126 Meredith Center Road, in Meredith, filed a notice of appeal through his attorney, Patrick Carron.

Following a two-day trial a Superior Court judge ruled that the collection of old vehicles, boats and other material stored on his property at 501 Roller Coaster Road, in Laconia, met the legal definition of a junkyard.

On March 24 the judge ordered that if Kjellander failed to comply with the order within 30 days he would be fined $275 for every day he remained out of compliance. Kjellander asked for a reconsideration of that ruling which was denied by the court on April 15.

In the notice of appeal filed on May 18 Kjellander challenged that court’s order that he pay the city’s legal fees which he argues “chill(s) the rights of citizens to question a town’s actions” of its enforcement of ordinances.

In addition, Kjellander states that any item which he has a legal right to own and which is not a safety hazard should not be considered scrap as characterized in the judge’s order and so, in effect, is not covered by the order.

He is also arguing that the city’s attempts to get him to remove the cars, boats, and other items stored on the 5.4-acre parcel infringe on his constitutional right to possess personal property.

City Code Enforcement Director Dean Trefethen said the appeal means any enforcement of the earlier court orders will be delayed while the case is in the hands of the Supreme Court. The court accepts the majority of appeals it receives, according to the court’s website.