By Karen Blackledge
The Danville News
DANVILLE — The Danville Borough Council voted to appeal a district judge ruling in favor of a man using the Right to Farm Law as a defense and found innocent of having a junk vehicle on his property.
Following an executive session of several minutes with solicitor Robert Marks Jr., council members Tuesday night voted unanimously to appeal the Jan. 17 ruling of Montour County District Judge Marvin Shrawder in the case of Michael Kuziak.
Danville police cited him for having an unusable or wrecked trailer to the rear of 8 L. Mulberry St. Danville police issued the non-traffic citation dated Dec. 11.
Shrawder held a hearing Jan. 9.
The appeal will be filed in Montour County Court.
Kuziak, 50, of 95 Quarry Road, uses the trailer for selling his Christmas trees at that location.
Before the council held its executive session, Peggy Fry spoke about the trailer directly behind her property which is being renovated to house Tryanglez Salon.
She said the trailer, which she said is leaning, is so close to her building she didn’t know how a contractor could reach her roof if it needed to be replaced.
She said the trailer has two flat tires and should be brought up to the building code.
Saying the trailer has been there seven years, she was concerned if it falls over if her insurance company would pay for damage to her building.
“I wish it wasn’t there,” said Fry who bought the building in 2012.
Shrawder also ruled recently in Kuziak’s favor after the borough code office cited him for having an oversized political sign at the same location.
The Danville Borough Council recently voted 7-to-1 to appeal Shrawder’s ruling on the sign.
The appeal has been filed in Montour County Court by Attorney Kim Hill who represented the borough at the hearing Dec. 31.
Shrawder found in favor of Kuziak who was cited by the borough for violating a borough ordinance restricting sign size on Kuziak’s vacant lot at Mill and Lower Mulberry streets. He had placed two signs at the lot — one in May and another in October.
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