Supreme Court sides with Laconia on Rollercoaster Road junkyard dispute

CONCORD — The state’s highest court affirmed a lower court’s decision that a property at the corner of Rollercoaster and Parade roads in Laconia constitutes an illegal junkyard, and the owner, Robert Kjellander, owes the city for both fines and legal fees.

The property in question, two lots on either side of Rollercoaster Road, both owned by Kjellander, has been the subject of city enforcement actions since 2004, according to the order issued by the New Hampshire Supreme Court on Aug. 10. Those enforcement actions included at least 10 letters informing him his use of the property as a junkyard was contrary to the city’s zoning ordinance. In 2019 — 15 years later — the city succeeded in getting a court order to compel him to cease using the property in such a way, or to seek the proper approvals from the city, which would have required a variance from the Zoning Board of Adjustment, a site plan from the planning board and a license from city council, to continue to operate a junkyard in a legal manner.

Judge James O’Neill, in a 2021 Superior Court trial, found the property was indeed an illegal junkyard, in that it contained more than two unregistered motor vehicles that are no longer intended for, or capable of, being operated on public roads. Additionally, the court found that photos showing vegetation growing in and around some vehicles indicated against Kjellander’s argument that he was intending to restore them. O’Neill was also unmoved by Kjellander’s argument that some of the materials were being gathered for other uses, such as for blacksmithing or for construction of a maple sugaring shack.

During oral arguments in the 2021 trial, Kjellander’s attorney told the court the property had between 50 and 55 motor vehicles and 35 to 40 boats.

The 2021 decision gave Kjellander some breathing room, though, in its determination that, as quoted in the Supreme Court order, “registration alone removes a vehicle from the purview of the ordinance,” and that sailboats wouldn’t be considered “motor vehicles” when determining junkyard status. Kjellander was initially given 30 days to restore or to register all but one of his vehicles.

The city requested a reconsideration of that order, and in March 2022, the trial court determined there was “miscellaneous scrap stored throughout” sufficient to constitute a junkyard. Kjellander was ordered to remove the scrap material within 30 days. Also in the reconsideration, the court found Kjellander was subject to a $275-per-day penalty, should he fail to comply with the order, and that he owed the city $12,503 in legal fees and costs.

Kjellander appealed the 2022 decision, which brought the matter before the Supreme Court.

The Supreme Court’s five justices concurred with the decision to affirm the lower court’s order.

Attempts to reach Kjellander were unsuccessful.