Posted on 06/15/2004 11:16:04 AM PDT by FlJoePa
Mud-bogging host slapped with huge fine
By Eve Modzelewski, Palm Beach Post Staff Writer Tuesday, June 15, 2004
STUART -- A western Martin County farmer was fined more than $2.8 million Monday for code violations related to the widely attended, weekend-long mudding festivals he has hosted on his 900-acre ranch.
The county's code enforcement board unanimously agreed to certify the fines against Edward Underhill after he ignored its orders to stop hosting the "mud-bogging" events, which have drawn thousands of people who pay to drive their four-wheel-drive trucks and all-terrain vehicles on a flooded portion of Underhill's property.
Board members agreed that Underhill violated code by repeatedly hosting commercial events on agriculturally zoned land and by posting signs in illegal places.
The bulk of the fine, $2.77 million, was for several signs posted across the county.
Underhill denied that most of the signs were his and told the board his latest event -- held for four consecutive days during Memorial Day weekend -- was for charity and allowed under county code.
"This was a benefit, and on Martin County zoning, we are allowed to have a benefit on our property," Underhill told the board.
He said a portion of the money raised was to help David Hawk, a 22-year-old who has medical problems related to a possible brain tumor. Hawk, who spoke at the hearing, lives on Underhill's property.
"I have a spot on my brain that may be a tumor and that gives me seizures," Hawk said. "And I've gone through proper channels, and I've been turned down three times through Medicaid and Medicare."
Some board members sympathized with Hawk but said the event still violated county codes because Underhill kept a portion of the money.
Board members said they were frustrated that Underhill hosted the Memorial Day event even after they warned him against repeat offenses during a public hearing in April.
"He took this whole thing and threw it back in our face," board member John Beattie said. "What are we supposed to do?"
Underhill's 89-year-old, wheelchair-bound mother, who lives in Okeechobee, sued him last week, claiming the mud bogs reduced the value of her land and exposed her to expensive county fines. Though Inez Underhill no longer co-owns the property with her son, she wanted to clarify her liability, her lawyer, Timothy Weber of St. Petersburg, said last week.
Neighboring landowners William and Sandra Duncan of Okeechobee also filed suit in circuit court, claiming the noisy events prevent their cattle from grazing in a pasture near Underhill's ranch. They want the courts to put a stop to the events and declare them a public nuisance.
Underhill said during Monday's hearing he intended to host another benefit during the Fourth of July weekend to benefit Martin County sheriff's deputy Jeremy O'Brien, who he said has a neurological disease.
The board certified the fines, which will form a lien against his property. Beattie said Underhill can fight the fines through the legal system.
FWIW, even though this guy's land is "out west", property values in Martin County (just north of Palm Beach County) have been skyrocketing. I think this parcel of land is 900 acres. I'd certainly love to own it, and I'll bet the county would as well.
This is the kind of thing that leads to bulldozer rampages.
Sounds like they need to have a car crushing contest in the boards parking lot.:)
So you don't object to arbitrary, confiscatory fines that have no relation to the "damage" that is alleged to have been done? Will you sing a different tune if some JBT fines you a similar amount?
So you don't object to arbitrary, confiscatory fines that have no relation to the "damage" that is alleged to have been done? Will you sing a different tune if some JBT fines you a similar amount?
Ouch - double posted for your convenience :-)
BTW, the Post (of course) misrepresents what was going on here. They are grossly overeporting the attendance, and the only time anyone was "charged" to use their 4-wheelers on this man's property was when he was raising money for the sick kid.
Trust me, this is just a bunch of good old boys looking to have some fun. There's nothing else going on here.
So, you always go the speed limit, eh? What if they decided to take away your guns? Would you roll over for that?
There is a fine line between a tough law and a tyrannical one.
Private property is an oxymoron.
LOL!
County Board members aren't elected, they're Chosen. Their rulings are infallible and must be obeyed. Just ask them, they'll tell ya.
Oh yeah!Jeep wave everyone!
God, I'm so sick of government!
Tyranny is tyranny regardless of the law.
Perhaps the country should pass a law against outdoor grilling on any property which exceeds 895 acres (with waivers for those properties which exceed 905 acres). I suggest fines of $50 million, or land confiscation, upon first offense.
Hey, da law is da law. And the county will make good use of the land. I'm sure.
They govt. wants his land....all they need now is an 'activist' judge to help them steal it...
The original fines this guy had been assessed were something like $15 or $17K and didn't bother this guy enough to slow down.
He intimidated the county by telling them where to stick their fines but did apply for permits. His permits were denied, his Mom sued him, but every redneck 4X4 fan in 3 counties loves the guy!
If he had worked with the county after the first mud bog and offered them a share of attendance, sheriff overtime charges for traffic control, county management input, cohesion contract with existing county show schedules and basically said, here, run it, there would be no million dollar fines.
He just didn't kiss up to the Martin County masters or Sheriff Crowder.
But the value of my house and land went up 130% in 4 years so who cares!!
<|:-)~~
ohiocreek says:
"Sounds like he was advised that he was violating the law and continued to do so. We don't pick and choose which laws we adhere to in this country, the law is the law."
And Amendment VIII of the United States Constitution says:
"Excessive bail shall not be required, nor excessive fines, nor cruel and unusual punishment inflicted."
A $2.8 million dollar fine sounds *kinda* "excessive" to me neighbor, how 'bout you.
...this thing don't stand a snowball's chance in hell at being upheld.
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