Two property owners adjacent to an existing gravel operational in Kasson Township have taken legal action to force the replacement of trees that served as a buffer.

TREE ROOTS and excavated soil are what remains
of an evergreen buffer along Co. Rd. 669 near the
Elmer's gravel pit. Adjacent property owners have
filed suit against Elmer's Crane & Dozer to force
a replanting of trees removed last year, which they
claim violates the site plan review for the property
located in the Kasson Township's gravel extraction
district.

Harry and Katherine Turnbull and Gabriel and Dana Schlosser are the plaintiffs in a suit filed last week in 13th Circuit Court. Elmer’s Crane and Dozer, Inc. and Elmer’s Construction Engineering, LLC are named as defendants.

In a 7-page complaint, the couples are seeking an injunction to force the company to replace trees removed from the site in 2006 and 2007.

According to the lawsuit, a 90-foot evergreen buffer was included as part of a site plan permit issued when the property was originally developed by Traverse Aggregate in 1990. The site plan calls for maintenance of a green buffer of a minimum of six trees deep.

The complaint cited township Planning Commission minutes in which a representative of Elmer’s sought and was granted permission to relocate a power pole at the site that would allow the company to mine more of the gravel pit. The representative stated that “screening trees will be planted immediately after the power poles are moved. No trees within 300 feet from any house will be cut, or any trees within any setback.”

The plaintiffs alleged that in December 2006 and January 2007, Elmer’s clear-cut the trees that formed the required wooded buffer to the north and west between adjacent parcels and the gravel pit. The timber was then sold to the Packaging Corporation of America for use at its plant in Manistee County, the lawsuit alleges.

The actions violate the township special use permit conditions and negatively impact use of the Turnbull and Schlosser property and diminish property values, the lawsuit states.

Efforts to contact Elmer’s for comment this week were not successful.

In addition to replacement of the trees, the plaintiffs are seeking more than $25,000 in damages.