The township is looking into what jurisdiction they have over a property dispute inside of the Sunset Hills #1 Subdivision on Elkhorn Lake.
The board heard a presentation during their regular meeting last week from lakefront homeowner Nick Cucinelli, who said his neighbor, Dale Kotila, has systematically filled in a state designated wetland, and then created a berm on a subdivision owned road to prevent flooding on his property.
Cucinelli said that the berm has forced flooding over a foot deep for him and his neighbors on the other side of Elkhorn Lake Road.
He and his wife, Tracy Jensen, addressed the board for 30 minutes in hopes of resolving these issues.
‘By failing to enforce their laws, we feel that Orion Township and the MDEQ have put us in the unfortunate position of having to choose between either letting these violations go unaddressed or spending a great deal of our personal resources, both time and money, on the problems we’ve described tonight,? Jensen read from a prepared request letter. ‘We are tax-paying citizens and neither option seems fair or responsible to us.?
Cucinelli has been in discussion with township officials on the matter for some time and wrote both Supervisor Jerry Dywasuk and Enforcement Officer Patrick Damman in early March of this year.
Among other things, Cucinelli included a Notice of Violation from the DEQ, which Kotila received in November of 2005.
He asked for assistance in the removal of a berm, which he claimed Kotila had constructed on the road, and therefore on property that was not entirely his.
In late August, Oakland County Sheriff’s Deputies were called to the scene on multiple occasions in less than one week.
In one instance, Cucinelli, who had rented a Bobcat in an attempt to remove or diminish the berm, claims Kotila’s wife, Carol, threw large rocks at him.
Felonious assault charges are still pending on that matter, according to Cucinelli.
Since then, Cucinelli hired a crew to come and survey the road, hoping such documentation would help resolve the matter.
‘He’s trying to come into a community where everything has already been settled,? Dale Kotila said in a phone interview. ‘This was all ended three years ago. He came along last year and stirred it all up again.?
‘I bought the property 30 years ago and I got a letter saying the property was not a wetland,? Kotila said.
He noted that he decided to put woodchips in the marsh because of the bugs that were attracted to it, adding that his decision coincided with the West Nile Virus scare a few years ago.
Kotila said his filling of the wetland ended after he was contacted by the DEQ.
‘Nothing has been done in several years,? he said.
Cucinelli disagreed, saying that when he purchased the property last year, he made sure there was a protected wetland on the adjacent property and considered it a desirable trait when assessing the value of his home.
‘I am not willing to sacrifice my own property rights and my own well-being just to avoid ruffling some feathers, when I’m the one being wronged in the first place,? he said of his decision to speak out of the issue.
Kotila said the flooding problem is coming from rain runoff on Pine Tree, Vernita and Walnut roads, which are outside of the subdivision association’s jurisdiction and under road commission control.
‘They haven’t done anything to address that problem,? he said.
‘I’ve got pictures of our road flooding right over the top,? Kotila added. ‘That’s the real issue.?
Kotila said his berm was constructed to prevent flooding on his property and it’s his neighbor’s responsibility to do the same on his property.
He added that a previous owner on Cucinelli’s property eliminated a ditch and thus prevented proper draining.
Cucinelli said Kotila’s berm was constructed on the road, and therefore on property that is owned equally by all in the subdivision. As such, he believes it should be removed.
‘Am I going to go to court now with Kotila and be flooded for another year while I wait for a court date?? he asked.
‘I pay taxes so that other professionals will protect my property, my person and my freedom,? Cucinelli added. ‘I’m asking for my neighbors, my friends, my association, my local, state and federal government to stand up for me, be effective and let me live and work in peace.?
Cucinelli, who had a handful of supporters from Sunset Hills #1, said subdivision property owner Jerry Moon also has a hand in the matter, and has been found in violation by the DEQ on multiple occasions himself.
‘I’ve tried to use the appropriate civil procedure, my neighborhood association, the township and the DEQ, who all have jurisdiction,? Cucinelli said. ‘When those failed, I attempted to use the police. And when that failed, ultimately, after a 16-month-long process, I decided it was in everyone’s best interest if I took direct action, dealt with it myself and then took it to court.?
‘Perhaps I won’t have to,? he added. ‘Perhaps the township or the DEQ will finally do what they should be doing.?
Kotila said the township has no jurisdiction over the matter and he’s unsure of what any meeting with township officials would accomplish.
‘I’m sick about the whole thing,? he said.
The board ordered the supervisor to meet with the township attorney to see what could be done under township ordinances.
Dywasuk said that after that conversation, late last week, he is also not sure of what the township will be able to do to help.
He is to report back to the board by early October.
— Review Intern Tom Hickey contributed to this report.