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Junkyard owner misses deadline to pay fine

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By ALGIS J. LAUKAITIS / Lincoln Journal Star

Wednesday, Oct 17, 2007 - 08:12:01 pm CDT

Ashland junkyard owner Arlo Remmen has missed a court-ordered deadline to pay his $106,250 fine.

On July 16, Saunders County District Judge Mary Gilbride gave Remmen 90 days to pay the fine for violating solid waste and environmental laws at his former junkyard on the edge of Ashland. The deadline was Monday.

Ashland officials hired contractors and spent about $300,000 to clean up the junkyard, where Remmen had stored thousands of scrap tires, appliances, used oil, lead batteries, old computers and other trash for years.

Story Photo
Arlo Remmen

Mark Fahleson, the city’s attorney, said the state of Nebraska may now proceed to collect the $106,250 fine. He said if Remmen does not have the money, the state could go after his land, which covers a couple of acres along U.S. 6.

“Arlo doesn’t have anything,” said Remmen’s attorney Terry Barber of Lincoln.

Remmen, 68, has filed an affidavit with the court saying that except for odd jobs he has not had any “material income” since Ashland officials cleaned up his junkyard. He said he is living on Social Security.

Earlier this month, Barber asked the court to postpone the payment of the fine indefinitely. He argued that since the case is in the hands of the state Court of Appeals the district court does not have jurisdiction.

In an order filed Tuesday, Gilbride said Remmen failed to file a surety bond within 30 days after the July 16 order as required by state law. She therefore denied Barber’s motion to postpone the payment of the fine indefinitely.

Reach Algis J. Laukaitis at 402-473-7243 or alaukaitis@journalstar.com.


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Brian wrote on October 17, 2007 4:41 pm:
" The mess got cleaned up. The Gov't should just leave this guy alone. Obviously he created the mess and if he had the means he should pay the city and state back, but he doesn't. Its time to accept victory over him and let it go already. "

 rrb wrote on October 17, 2007 4:56 pm:
" It's sad to see this man of his age loose everything he has worked hard for...they'll go after his land next. That's what they probably was after in the first place. How pathetic. "

 Jan wrote on October 17, 2007 5:10 pm:
" If he is living on social security how is he paying his property taxes and attorney fees? Something smells here and I don't think it's a junk yard. "

 Doug wrote on October 17, 2007 5:28 pm:
" Many people pay property taxes on social security. They are called retirees. You assume he is paying attorney fees. Many attorneys would see this as a lawsuit in the making. There should be no case but I'm sure a claim will be filed against the city of Ashland for taking away his livelyhood. They were well within their rights to clean up this mess but frivolous lawsuits are made this way. This guy should have cleaned up the place himself so he wouldn't be in this mess. "

 Too Bad....... wrote on October 17, 2007 6:00 pm:
" He had all the money to hire a lawyer and fight this over a few years. Where did all THAT money come from??? Now he's whimpering and whining about not having money????? TOO FRIGGIN' BAD!!!!! "

 HeyJan wrote on October 17, 2007 7:03 pm:
" People do pay taxes and attorney's living on social security. Do you think that people that are just living on their SS no longer ever pay taxes or anything else? C'mon! "

 Doug wrote on October 17, 2007 7:05 pm:
" That's right Brian, we should all have to pay for one man's laziness. I'm sure you won't mind your taxes being raised to help pay for guys like this. Well I do mind and there is no victory in this story. "

 gov. worker wrote on October 17, 2007 8:42 pm:
" Let's just forget about this and move on. It's been cleaned up and looks a lot better. I've seen the government waist a lot more money then what they spent on this. I think they just want his land for free because he wouldn't sell. If you all knew what they waist tax money on you would give his trash back... "

 in the wrong click wrote on October 17, 2007 10:29 pm:
" arlo is a hardworking man, how many other people work like he does at his age... he just doent get along with the clicks of the town. in the very beginning had he been approached properly the whole thing would have been resolved a long time ago...... "

 Corbon wrote on October 18, 2007 6:30 am:
" Just because this gentleman is in his seventies it is no reason for people to feel he is worthy of a free pass for what appears to be a lifetime of ignoring EPA laws and regulations. I was always under the assumption that those of his age were much better at taking responsibility for there actions whether they were done intentionally or not. Other residents SHOULD NOT have to carry all the weight to clean up a mess he made. "

 John wrote on October 18, 2007 7:44 am:
" Hey Remmen owes a fine so either pay or go to jail. If you get stopped for speeding do you expect to get out of paying the fine if you drag it out long enough? Cuff him and stuff him into a jail cell like the law breaker he is! "

 j wrote on October 18, 2007 8:42 am:
" He hasn't cooperated during this entire ordeal. Make him pay up or face the consequences. "

 jane wrote on October 18, 2007 8:56 am:
" well it sounds to me as if they want his land and this is the only way to GET IT... it is a shame ...i just hope all of YOU..r never in his situation and never say never.... "

 Smile wrote on October 18, 2007 9:05 am:
" He has already sired the favorite alternate moniker for Ashland, Trashland. What more do people want from the guy? And where will people dump their trash now? "

 tim wrote on October 18, 2007 9:15 am:
" it isnt about getting his land. if they wanted his land they had other legal ways to get get it. this is about a man that is totally defiant of the law. he's acted like a spoiled brat in the schoolyard. now he's being held accountable and IMO doesnt deserve sympathy. his poor decision and bad management have caught up to him. its time to pay the pulper. no sympathy for stupidity. "

 lame wrote on October 18, 2007 9:31 am:
" All of you posters that expect this man to come up with this money. lets see any of you lose your source of income, e.g. get fired, and then come up with $106,250? Any of you capable of that? Well then you must live the rough life south of Old Cheney in Lincoln... The attorney, if you have actually read any of the pertaining articles, is doing this for free yo help a guy out who is being bullied. Yes, he made an environmental mess, but it is cleaned up and solved now, done, finished. Give the guy a break, you would expect one too if you were in the same fix. "

 hey hey wrote on October 18, 2007 10:00 am:
" hey i think they need to leave this poor old man alone! he has worked hard all his life for wht he has and the state of nebraska wants to go and take that away from him!ok then y dont the state of nebraska jus take everything from all the eldery people! that's not right!!.....grow up nebraska and leave this man alone!! "

 Leave him alone!!! wrote on October 18, 2007 10:40 am:
" Take his land? Where do we live, this is horrible to think that someone in their golden years may lose everything because of an outrageous fine. Find some REAL lawbreakers and go after them... "

 SJL wrote on October 18, 2007 10:56 am:
" Arlo was approached correctly in the beginning to clean up the mess and he repeatedly ignored all requests, figuring the city would just leave him alone if he did nothing. Even after a court order, he ignored doing any cleanup. The city did it for him. If he can't pay the fine, then they should go after the land. He had his chances to clean it up, and keep his property. Now he can deal with the consequences of being stupid. "

 Douglas wrote on October 18, 2007 11:12 am:
" This is all about respect. The City acted like a bunch of disrespectful idoits and spent $300,000 to clean this up? I want to see a detailed accounting of this absolutely outragious fee to clean the junk. Don't expect this old man or any other respectful citizen to give this City Administration any respct at all. Respect is earned, not given. Mark this up as more negative publicity for ALL lawyers in this state. They just sent the wrong dumbell to talk to (threaten) this old man. Reasonable men could have resolved this and I don't think their is a reasonable person involved on either side but I could have personally negotiated a more respectful solution for under $10,000 of my time. The Court is standing on his financial throat now, so just finish the deal and bury him a pauper's grave. This is an Ashland "worst government in the state" story that will never, never, be forgotten. Congratulaions to a bunch of disrespectful government employees. "

 No Name wrote on October 18, 2007 11:12 am:
" Just a comment, not sure how correct this statement is but it just needs to be said. I am a former Ashland resident and this is all from my week memory. Many years ago prior to Arlo owning this junk yard it was a junk yard owned by another person. The owner at that time sold it to a local businessman who is a GREAT supporter in Ashland and always has been and loves his town. This business man who will remain nameless took over this property and paid OUT OF HIS OWN pocket to clean up the yard. That he did, and the land was completely cleaned up and bare. Prior to that this same situation was going on with ALL Ashland residents calling this an "eye sore" So this nice business man took it into his own hands, cleaned up the property then offered to sell it to the city of Ashland for what he had in it. Which would have been ALOT less than what the actual land was worth at the time. THE CITY REFUSED THE OFFER. At that point the business man decided to sell it to basically the highest bidder. That is where Arlo comes in to the story. Now the city, county and state are all over him FOR THEIR MISTAKE?? Again this is just a part of my memory if some of it is not true it was not put in here intentionally. "

 Laywer wrote on October 18, 2007 11:48 am:
" It could have been a court appointed attorney you don't know as it never said. Leave the guy to retire, but he should have to pay something. "

 Tired of Whining wrote on October 18, 2007 12:08 pm:
" Fact: He was improperly storing hazardous materials. Fact: He knew he was storing them improperly after being approached from the city, regardless of how responsibly or popular their approach was. Fact: He continued to store the same materials without doing anything about it. Why should he just be left alone and allowed to keep his land after refusing to take care of his own mess and take responsibility for his own actions? Would he truly have no income if he had stored it properly in the first place or taken care of the situation after it was brought to him by the city? Why should other citizens have to pay to clean up a mess he refused to? Why should he just be given a clean slate because he no longer has any money to pay the fine because he caused his own business to be shut down? The guy might be hard working, he might be a nice guy, that is irrelavent at this point. The fact remains that he did nothing about his mess after he was told he was storing it incorrectly. Therefore, he should be punished. Its this kind of mentality that teaches kids not to respect any authority and causes nothing but disrespectful brats everywhere. Its this type of mentality that breeds the belief that you can make anything you want happen on someone else's property just becuase you might not like how it looks, it is this type of mentality that causes such an influx of pointless and frivilous law suits that bog down every part of the judicial system. The solution is simple... if he wanted to keep his land, he shouldn't have broken the law. If he had any other assests to pay with, then maybe he wouldn't have to sell. If he owes money, however, and only has land as any valued ownings that can be recovered to pay the fine, then he has to use it. If someone doesn't pay their mortgage because they can't afford it, what happens? If someone can't pay a lawsuit that they can't afford, what happens? If someone defaults on a loan, what happens? Think about that the next time you go spouting off with bleeding-heart propaganda becuase someone is being punished for something they did. "

 Huh-uh wrote on October 18, 2007 2:00 pm:
" No. This man thinks he's above the law! How long did this go on before they took the measures that they did? YEARS. Did you not see that horrendous mess? They were really pretty darn kind about the length of time and number of requests they gave this man. Yeah, it's too bad and all, but we all have to obey the law. He's been banking on the very things you all are saying, thinking the law doesn't apply to him. Huh uh. "

 Poll wrote on October 18, 2007 3:58 pm:
" To the bloggers defending this guy: Raise your hand if you have a bathtub or rusty shed in your yard. That's what I thought. Put your hands down now. "

 Nina wrote on October 18, 2007 5:07 pm:
" Yes, I agree there seem to be no "innocents" in this case. It would be revealing to get receipts for the amount the used iron and metal brought. I'd think it would have paid for a reasonable amount being charged for the clean-up, in itself. They must have used the Cadillacs of the clean-up crews - makes me wonder if there was a kickback involved, or somebody's "relative." "

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