An attorney representing Joe Huff says he plans to appeal a judge's order that temporarily prohibits his client from using easements for logging activities on his property. A Monroe County judge granted a preliminary injunction in the case earlier this week.
Court documents say Huff, who owns property next to the Shores subdivision, hired Tri-State Timber to log portions of his land.
Two homeowners are suing to stop the logging, and say crews are using easements along South Shady Side Drive to access Huff's property and transport timber. Court documents say those activities aren't allowed by the Homeowners' Association, which enforces the easements. The homeowners claim the logging equipment is causing damage to Shady Side Drive and the easements.
They also argue Huff doesn't have the permits necessary to be logging the land. Huff did request a logging permit from Monroe County last year, but county officials said they couldn't grant it until the use of easements was allowed.
Thomas Malapit represents Huff and says his client doesn't need a permit.
"You've got local government trying to dictate what people can do with their private property," Malapit says. "This is overreaching."
In an appeal Malapit plans to file, he says the judge's order granting an injunction in the case "overly restricted the use of the easements to the point that the Huffs are now prohibited from any access to their property." Malapit also says the judge's order indicated the use of the easements was unlawful.
"In order to be unlawful or illegal, that would have to be a violation of a state statute," he says. "And, there was no violation of a state statute."
Monroe County maintains Huff does need a permit to log on his property, because part of it is within a residential area. The county also has the ability to regulate some logging activities near Lake Monroe, and the steep slopes on Huff's property mean it should fall under their review.
Planning Department Director Larry Wilson says the county could fine Huff for every day he logs without a permit. Those fines typically start at $1,000. But, the county hasn't taken any action yet.
