The judge said the building violated the subdivision’s restrictive covenants. “Some things get out of hand and, unfortunately, there’s a cost involved.” “I’m sorry the whole thing just went plowing ahead, but here we are,” the judge said. Swanson with the 3rd District Appellate Court within 30 days. This week he granted a mandatory injunction requiring the removal of the building, subject to an appeal by Mr. On April 22, Judge O’Connor issued a temporary restraining order to halt construction. Swanson did not check the box on that portion of his building permit application. He agreed with plaintiffs’ attorney Nadine Palmgren that Mr.
Swanson told him the structure was for personal use storage only and not for business. He said the next inspection was to be a frame inspection, but the owners’ weren’t ready for “cover-up” of the building yet. Swanson’s project, but said it wasn’t his job to determine how the size of the structure compared to subdivision covenants. Stromquist testified he issued a building permit for Mr. He said Henry County Zoning Officer Kyle Stromquist had made him aware of subdivision covenants. Swanson said he planned to use the building to host large gatherings of relatives and store a golf cart, a four-wheeler, a lawnmower, a utility tractor and an RV. The judge on Wednesday eliminated all plaintiffs but the owners of six properties closest to the Swansons. “A pole building under construction in the Ponderosa Hills subdivision between Geneseo and Colona must come down, according to a Henry County judge.īrett Swanson, of Moline, told Judge Jeffrey O’Connor on Wednesday that he chose the pole building “to live in, to put my things in.” But in their original civil suit, 19 owners of nearby properties claimed the construction violated both neighborhood restrictions and Henry County zoning ordinances. However in the situation below, the new pole building owner invested in a piece of property fully aware of the restrictions placed upon it, yet he attempted to circumvent the rules – and the price was high.įrom a story in the Dispatch-Argus by Lisa Hammer: I’m on the Libertarian side with my beliefs people should have the right to do with their own property as they best see fit.
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