Judge issues ultimatum for Mt. Airy horse owner

by MICHAEL J. MISHAK

After nearly 18 months of protracted litigation in civil court, a common pleas judge last week ordered a Mt. Airy resident, who has kept as many as six horses on his one-acre Phil-Ellena Street property, to comply with a court order or pay a $25,000 fine. Earl V. Ross, 42, stood in violation of a permanent injunction that was issued in July.

For many of Ross' neighbors, the ruling brought closure to a 12-year battle they say has been characterized by bureaucratic sidesteps and government inaction. After reporting a series of zoning violations to no avail, neighbors say their quality of life slowly declined as Ross parked commercial vehicles and ultimately stabled horses in a residential neighborhood. Letters and phone calls to elected officials failed to elicit enforcement from various city agencies, including the city's Department of Licenses and Inspections (L & I), said Jim Foster, a Phil-Ellena Street neighbor.

From January 2002 to February 2003, L & I inspected Ross' property on the 600 block of Phil-Ellena Street five times, determining his violations of the zoning code and maintenance of horses constituted a public nuisance, according to a complaint brought by the city in May 2003.

Though violation notices were served and a $10,048 fine was levied, the conditions persisted, the complaint said. In July 2002, Ross attempted to legalize his renovations, which included converting a garage into a single-family residence, by filing for zoning permits. He also sought permission to stable three horses and a pony, the complaint said.

The applications were refused and subsequent appeals were denied.

In its complaint, the city alleged the condition of the property "presents a serious and immediate hazard to the safety, health and welfare of the occupants of the property and to the public in general."

In August 2003, the court ordered a temporary injunction, mandating Ross to remove all horses from the premises, in addition to prohibiting the parking of construction vehicles and trailers on or around the property. The order carried a conditional fine of $25,000. That November, the first of several compliance hearings was continued.

In January 2004, the court issued a permanent injunction. After Ross failed to comply, the court issued another injunction in July.

According to deputy city solicitor Ann Pasquariello, last week's hearing was the ninth since the city filed its lawsuit in May 2003. Common Pleas Judge Robert S. Blasi denied Ross’ request for a continuance last week, declaring the court order final.

Throughout the litigation, Ross has maintained that his neighbors have conspired against him in a "personal vendetta." Ross has also said he is within his rights to maintain horses and park commercial vehicles on his property. "If I had no horse they'd find something else to complain about," Ross told the Local in an interview last Friday.

A self-described "moving target," Ross said he was satisfied with the Oct. 7 ruling and would comply, but plans to appeal parts of the injunction he considers unfair.

Ross was given until Oct. 12 to remove all but one horse. Also, in compliance with the July-issued court order, Ross is required to conceal his horse trailer in a garage, maintain cleanliness and take down existing tents and canopies. He is also prohibited from parking commercial vehicles on the premises and on surrounding streets.

"We'll follow up with enforcement of the order," said Pasquariello. "It's been a long, drawn-out process."

In his appeal, Ross said he would seek permission to stable another horse and maintain a trailer. Since horses are pack animals, Ross said, a sole horse might make noise, further agitating neighbors. "I may get a potbelly pig next," Ross joked.

With the exception of those two restrictions, he said the permanent injunction contained "everything I wanted to keep."

Addressing complaints about manure odor, Ross said he has installed drains in the horse stalls and arranged weekly waste disposal. Also, Ross said he had parked his commercial vehicles on site only during construction projects, moving them to a Broad Street garage upon completion.

After $4,000 in legal fees, Ross said the litigation was a waste of both time and money. "I have never seen so many people with hate in their heart for something so minor," Ross said. "I'm not the bad guy here."

When asked why so many of his neighbors had banded together to oppose his zoning requests, Ross said some resented him for home improvements that increased property taxes.

Vernon Price, 22nd Ward Leader and administrative aide to Councilwoman Donna Reed Miller, petitioned the court for enforcement at last week's hearing.

"It got to a point where horses outnumbered residents," Price said. "At that point, it was not a residential property. It was a farm," he said in an interview.

"He was blinded by his passion for animals," Price said. "We're glad to bring closure to this case. We hope to return it to the nice quiet community it was."