Larry Drown told the News that he intends to file an action in the United States District Court in order to seek a stay of proceedings on the judgment which he suffered recently in the Vermont Environmental Court.

When asked why he was not appealing to the Vermont Supreme Court before going to Federal court, he said “it’s a waste of time. There are U.S. constitutional issues involved here and the Federal court is where I should go.”

He said “the Vermont courts are prejudiced against me.”

Federal rules provide that anyone seeking a federal remedy must first exhaust state remedies before seeking help in the United States District Court for constitutional violations which occurred in state matters. That does not seem to have assuaged Mr. Drown.

Mr. Drown and his co-defendants suffered a judgment in Vermont Environmental Court last month following a hearing to determine the fine to be imposed for violating Northfield’s zoning laws on property at 11 Wall Street.

Judge Thomas S. Durkin, the environmental court judge in the case ruled that Mr. Drown cease the use of the property and that within 45 days of the order which was filed on April 6, 2010, he must remove all junk from the premises, plant trees as directed by the permit issued by the Town of Northfield Zoning Board of Adjustment “sufficient to shield the residents on Water Street from view of the building and grounds” and that the failure to do so on a timely basis could subject Mr. Drown to further penalties.

The court also concluded that by transferring a portion of the property to his co-defendants completed a sub-division without first receiving necessary permits. He was ordered to immediately file all necessary applications to secure the required subdivision and that penalties would accrue until the subdivision was complete.

Mr. Drown was ordered to pay a fine of $35 per day for each and every day until the subdivision permit was secured and to pay a total of $21,595 in fines plus $35 per day until the property is cleaned up and the trees planted.

A writ of attachment on the property in favor of the town was granted which will encumber the property until the fines are paid.

The environmental court suit involves property that is commonly known as the “saw mill site” which was owned by J.L. Dupere and Max Berno and was a saw mill from 1933 until it burned in 1984.

Larry Drown purchased the property in 2005 and was described as a 1.4 acre site without any buildings.

Shortly after he purchased the property, he filed an application to build a 60 x 100 foot commercial building which was approved and the building was constructed.

Then, in 2007, he filed a second application to build a 14 x 70 foot mobile home and filed a sketch showing that the land had been subdivided into two lots. The application was denied.

The Town of Northfield filed a suit against Mr. Drown and other owners of the property for zoning violations.

The Environmental Court issued summary judgment against Mr. Drown and his codefendants back in April of last year when it determined that there were no issues of triable facts which were in dispute.

Last fall, Mr. Drown tore the building down which had been on the property.

Mr. Drown said that he was not given notification of needing to file for Act 250 and stated that he has been targeted where others are not.

Mr. Drown stated, “You can put me out front in all of this but, you are not going to take me down, I am not an easy target.”