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Published - Friday, March 07, 2008

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Permit dispute may result in injunction

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A town of Franklin resident whose home has not met building codes may soon find himself forced to live elsewhere until the violations are corrected.

An ongoing dispute between Daniel S. Borntreger and the town of Franklin over a building permit may soon have a resolution in Jackson County Circuit Court. Jackson County Circuit Court Judge Gerald W. Laabs told town of Franklin attorney Paul B. Millis and Borntreger in a status conference hearing Tuesday morning that he would write a decision in the matter in the coming days.

Laabs could fine Borntreger between $25 and $1,000 for every day he has been in violation of town ordinances. Laabs said Tuesday morning he will now research the fine "as to the mandatory nature of that."

Meanwhile, Millis said that he will seek an injunction that would require Borntreger to live elsewhere until the residence in question is falls into compliance.

At issue is a building permit violation that was filed in Jackson County Circuit Court last year, questioning whether Borntreger is adding on to a house or whether he is building an entirely new structure, a process that began in 2006.

The town of Franklin's viewpoint is Borntreger is building a new home, which requires a building permit and the need to comply with the Uniform Dwelling Code, which governs construction standards and safety.

Borntreger, an Amish farmer, was found in violation of the building code during a court trial held Dec. 4. Laabs was to hand down his sentence Jan. 3, but gave Borntreger an additional 30 days to bring his home into compliance.

To fall into compliance and obtain a building permit, Borntreger has to provide the town with a building plan that shows the building as it is now, as well as how he is going to fix it to meet code. Or, he has to provide structural analysis of the building from an engineer that says it meets code.

During a status conference Feb. 13, Laabs told Millis and Borntreger he wanted the parties involved to meet in an effort to "work it out." Millis and Borntreger met privately following the Feb. 13 status conference and discussed the matter again prior to Tuesday morning's status conference, which was delayed due to the lack of a court reporter.

Borntreger presented town of Franklin building inspector Rod Stenulson with information, drawings of the roof of the residence, prior to the Tuesday's status conference.

Borntreger asked Stenulson if the information was acceptable.

"They really don't tell me anything," Stenulson said. "What are all the materials used in that drawing? We need a complete set of drawings."

Borntreger told Stenulson and Millis he was working with Dennis Nelson, an engineer from the Eau Claire area.

"Once (Nelson) has everything together, give Rod a call," Millis instructed Borntreger.

Millis took Borntreger to task Feb. 13 for delays in sharing plans and did so again Tuesday morning.

"Having stuff faxed to you and given to us the day of the hearing just doesn't cut it," Millis said. "This delay, delay, delay is a game that you're playing and it's going to stop."

Prior to the status conference, Millis told Borntreger that Laabs could make a ruling during the status conference, or Borntreger could have one more week to provide further plans.

"I need more time than a week," Borntreger replied.

Upon the arrival of a court reporter, Tuesday morning's status conference began.

"Can you bring me up to date?" Laabs asked.

"Neither the town nor the building inspector received anything from Mr. Borntreger or his agents until this morning," Millis said.

Laabs later asked Borntreger for his reply.

"As you know, engineers take quite a bit of time to get things done," Borntreger said. "I'd like to get this thing done. "I'd like to get the permit and get it over with."

Millis said following Tuesday's status conference that while Laabs' written decision will bring to a close the court trial, further action will be required if Borntreger's residence remains in violation of the building code.
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Repeat: Really? wrote on Mar 11, 2008 10:51 PM:

" Franklin Resident, you assume the Amish are all exactly totally alike one another. What are you doing living near the Amish and not understanding what Amish is? How could you be living by them and miss that? Are you really that uninvolved in helping your neighbor? They all do have one thing in common--they trust and they forgive. "

Franklin Resident wrote on Mar 11, 2008 7:31 PM:

" I guess you haven't kept up on the whole story after all have you? He can't do it because he would have to sign a contract? How have all the other amish done it, are they sinners or is he? Give me a break, they sign a contract to sell their milk to a dairy, they sign applications and financial statements to get Bdger Care public health benefits, they sign contracts with our local banks for loans for their property, they sign their tax returns, and they sign employment forms when they work for employers. It is very apparent that this a selective objection to signing contracts he thinks he can use to get out of this. Read the article again, he needs to provide the information they are asking for, he hasn't and won't unless forced to. "

Really? wrote on Mar 11, 2008 8:44 AM:

" Hey Town of Franklin resident, I got news for you. Just because you live in Franklin doesn't mean you are the expert on who can live there and how. This man has consulted real experts and they have all said the home is sound. The Town of Franklin still says that isn't good enough. It sounds from your post that you are opposed to having Amish in your community. I am honored to live next to the Amish. Perhaps it is YOU who should leave Franklin. "

To Resident wrote on Mar 11, 2008 8:35 AM:

" I've seen the house, and except for the fact that it is incomplete it looks fine. Yes, all you have to do is look at it and you can see that he was trying to get around the code by claiming it was an extension to an already existing structure. But why did he do this? To get out of paying the fee? No, he did it because he is not permitted by his bishop to enter into contracts, which the permit process requires. You are accusing the guy, it seems to me, of using his religion as a convenience to get around the code. Think about this for a second; id there ANYTHING convenient about the Amish lifestyle? The purpose of ther code it to assure that the dwelling is structurally sound. An independent engineer has examined to house and deemed it safe. Borntrager is willing at this point to pay for the permit, but the inspector refuses to issue one. Issue the permit and move on. "

Town of Franklin resident wrote on Mar 10, 2008 1:50 PM:

" i can tell by what you are all writing that you don't live in this township and that you haven't really driven by and seen this home that is in dispute.

I am not Amish, but I still could not do what he did. He built a whole new house onto what amounts to be a delapidated tiny old shed .. and he did that with the intention of getting around having to get a building permit. Drive over and take a look. There was no value or use to the "original" structure that he says he only added on to except that he thought he could he wasn't building a new house so he wouldn't have to get a permit. When you do take the time to drive by, then you write back here and tell me if you still think the NEW house is only an addition! It's a silly child's game that he is playing.

Furthermore, those of us who insist that he follow our township's ordinances are already adhering to them ourselves so your insulting accusations of discrimination are totally out of line. He has never been asked to do anything that the rest of us have. We buy building permits and build our homes to meet the standards and if he didn't want to he should have moved to wherever you are from...Oh, darn, I bet you have them in your community, too.

If you want a say so in our ordinances, you have to live here. If you look around the township you will see that it is a nice place because we all care enough to follow the law. There are some amish places that have also adhered to code and we thank them for that. It keeps our community looking great. "

yeah.... wrote on Mar 9, 2008 4:03 PM:

" 'Structural', you could also say the same thing about the Town of Albion. Eight different Amish families were sued by their township last year and are just this year beginning to be hauled into court. I know you stated you have strong religious beliefs but unless you are Amish it looks like you are safe. "

Structural? wrote on Mar 8, 2008 3:47 PM:

" Is the home safe? Are they seriously going to force a family out from under it's own roof over this? Do the people fighting the Borntreger family have such a need to be "right" and be "vindicated" that they will chase this until the bitter end? UNREAL!!! My family is not what you would consider of "normal size" and we have strong religious beliefs. While searching for property to purchase in the next few months, we will certainly avoid the Town of Franklin! "

Plan wrote on Mar 6, 2008 11:25 AM:

" Their plan all along has been to not issue the permit, but make it seem like Borntrager is ay fault. Borntrager is unable to articulate his position in court, but is bound by his religion against being represented by an attorney. "

Yep... wrote on Mar 6, 2008 11:23 AM:

" ...that sounds about right. Different=bad. The Brontragers have a large family including very young children. Having tried and failed to get tyhe home condemned by public health the township will now try to get the judge to evict them. No 1 goal: get the Amish themselves to reimburse the township all the money they have spent harrassing the Amish. No 2: Get rid of the Amish. Thankfully the judge isn't breaking a leg to do their bidding. "

He has earned the permit wrote on Mar 6, 2008 7:19 AM:

" The only reason these guys aren't giving Borntreger his permit is because they aren't educated enough to understand professionally-drawn building plans and they are refusing to even attempt the numerous documents from the structural engineer who states this home will easily be made structurally sound once two major changes are made...but they can't be made without the building permit. They want to know about all the building materials? Give me a break. They are being impossible. They don't want to be part of the solution. It is evident these people want them to leave. "


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