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March 18, 2004Motion filed against ClousAn April 5 hearing has been scheduledByRecord-Eagle staff writer TRAVERSE CITY - Grand Traverse prosecutors are seeking a court order that would block developer Bill Clous and Eastwood Construction from "continuing and future violations" of soil erosion and wetland control laws on an East Bay Township property. The prosecutors' motion for a preliminary injunction exhaustively chronicles the recent history of a 360-acre property at Hammond and Townline roads that authorities say has been the subject of several environmental violations in the Mitchell Creek watershed since 2002. An April 5 hearing is scheduled before 13th Circuit Judge Thomas Power. The motion - filed Wednesday by environmental attorney Chris Bzdok, who was hired to assist Grand Traverse County Prosecutor Dennis LaBelle in the case - seeks an order with more than two dozen prohibitions, including: • To prevent earth changes without permits on sections of the property that have either been deemed wetlands or are subject to soil erosion control law. • To prevent Clous from building ponds, which Bzdok argues would be used to drain wetlands. • To stop farming on sections of the property. • To prevent vehicles from being driven across streams on the property. Bzdok also asked Power to order Clous and his companies, Eastwood Custom Homes and Eastwood Excavation, L.L.C., to implement soil erosion controls on the property. Clous and his attorney, Matthew Vermetten, have maintained Clous did not need certain soil erosion control and wetland permits because he planned to farm the property, an activity that would fall under an agricultural exemption in the law. In the motion, Bzdok argues that Clous has indicated he plans to plant wheat on sections of the property this spring. Last week, a soil erosion violation case in district court against Clous was settled after Clous agreed to pay $75,000 in payments and in-kind services in an agreement with LaBelle. LaBelle said at that time he would attempt to use the circuit court case to seek restoration of the property. In a separate case, Clous continues to negotiate with the state Department of Environmental Quality over alleged wetlands violations on the property.
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