Attorney clarifies dates in fence dispute

An attorney for a man involved in a fence disagreement with the city of Elk River has clarified when the barbed wire fences were constructed.

At the Oct. 15 Elk River City Council meeting, attorney Jim Neilson said he and his client were scolded by some council members on Sept. 17 for constructing fences after an Aug. 20 council meeting where Neilson and the council discussed the fence matter.

Neilson said he didn’t respond at the time because he didn’t have all the facts. He told the council he now has all the facts, adding: “The Moritz family did not construct any fences after the Aug. 20, 2012, meeting.”

Neilson, who represents landowner Martin Moritz, said all interior fences were completed by July 26. Fences on the two roadways were completed July 30, Aug. 7 and Aug. 17. Installation of T posts occurred Sept. 4–5, but Neilson said they do not have wires and there is no city ordinance against installing posts on property lines.

Neilson also told the council that “the scolding that we received on Sept. 17 was simply inappropriate.”

The fence disagreement stems from a city ordinance requiring certain fences to be set back 5 feet from the property line.