Kerry Schinderle was told in Dickinson County Circuit Court he had filed his challenge too soon, before the Breitung Township Board had a second and final appeal hearing on his case.

His property at 421 Henford Ave. has been a concern of Breitung Township officials for several years, but efforts to force Schinderle to clean up the site stepped up after a fire on the property in November, which damaged a garage and another shed.

Township officials at a dangerous building hearing Dec. 20 said the fire department had difficulty gaining access to the buildings on Schinderle’s property due to debris in the yard and the Department of Public Works had to bring in a backhoe to clear the way.

Schinderle was given a Dec. 30 deadline to clean up the site to avoid the township stepping in and taking action, but he appealed that decision.

At the first appeal hearing Jan. 22, Schinderle told the board he had hired help to clean up the property. But Township Supervisor Steve Mulka said the problem has existed for years, that Schinderle makes some progress and then backslides and that hauling the debris away a little at a time would make it an insurmountable task. The board then voted to deny the appeal.

Schinderle did not attend the second appeal hearing Feb. 12. Mulka noted the only progress that had been made on the property was that a small path had been cleared. Mulka also said the Dickinson-Iron District Health Department had

been unable to access the property to determine how Schinderle was disposing of sewage from a trailer.

The board then confirmed the Jan. 22 denial of the appeal. Schinderle was given 21 days to rectify the problems.

Township Attorney Matthew Kuschel on Friday argued Schinderle had filed his case in circuit court before the second township proceeding had occurred.

Circuit Court Judge Mary Barglind agreed with Kuschel and dismissed the appeal.

Schinderle already had filed another circuit court appeal after the second township hearing. That appeal will come to court May 13, provided Schinderle files the necessary paperwork.

Jim Paul can be reached at 906-774-2772, ext. 229, or jpaul@ironmountaindailynews.com.