York Township brothers Kelven and Howard Braun fight to keep their name in lights on historic farm
Kelvin, left, and Howard Braun look over documents related to their legal fight with York Township over lighted signs on 75-foot tall silos on thieir farm.
Art Aisner | For AnnArbor.com
Washtenaw County District Court Judge Richard Conlin recently found the lights, which spell out “H&K Braun Farms,” and “100 Years Plus" on 75-foot tall silos, are part of the permanent structures on the farm and thus do not violate York Township’s sign ordinance, as the township claims. The brothers thought the ruling would end a nearly yearlong legal battle with the township over the lights that also postponed a wind generator project on the property.
However, court records show the township, which says the Brauns did not get the proper permits for the signs, filed the necessary paperwork to appeal the ruling in circuit court late last month. Township attorney Victor Lillich recently declined comment through an assistant. Joe Zurawski, supervisor of the largely rural township south of Ann Arbor, has not returned messages.
One of the lighted signs in question, spelling out H & K Braun Farms.
Art Aisner | For AnnArbor.com
The move, Kelven Braun said, seems particularly curious since the brothers' argument in court documents was based on the township’s own ordinance. The ordinance says materials that are affixed to structures are exempt from the sign ordinance, Ken Schwartz, the Brauns' attorney, noted in legal documents. The lights are LED rope bulbs that are screwed to the silos, and the electrical system is hardwired into the structure.
“Yeah, it’s in their own ordinance, but I guess they’re not that bright,” Braun, who is 75, jabbed, pun intended.
The signs were attached in 2005 and 2008, and their presence was celebrated at a 2008 ceremony that coincided with the farm’s centennial anniversary, which was attended by several township officials. In arguing their case, the Brauns said the township waited too long to oppose the lights. They also showed a petition signed by 700 supporters encouraging township officials to leave the commemorative signs in place.
“We’re happy, even if the township doesn’t like us, because we felt pretty strongly that we’d win based on the ordinance and support,” Braun said. “We’ll fight it because we’re not taking (the lights) down.” The appeal will be heard by Washtenaw County Circuit Judge Timothy Connors, but no hearing date or case schedule has been set. Art Aisner is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.
Comments
skywatcher
Fri, Feb 11, 2011 : 12:34 a.m.
The Braun brothers were some of the first people to sell development rights on their farm ten years ago, nearly 500 acres, so it will always remain a farm. They did that with a substantial discount on the price.
Kelly
Thu, Feb 10, 2011 : 12:46 p.m.
Dear York Township Officials, Recently while driving on the dirt roads in your township, my car hit more than 30 potholes greater than 12" in diameter and more than 1" deep. Perhaps if you put an end to the lawsuit appeal above, you would have the money the township needs to make your roads safe and passable. The lights on the farm are beautiful. They are a wonderful addition to York Township. A wind generator would also be a fantastic step toward energy independence in our country. Please leave the lights, let them be lit by clean energy, and leave the elderly farmers alone.
towny
Wed, Feb 9, 2011 : 6:21 p.m.
Time to make some changes in York Township. A Petition is being started now to get rid of some elected officials and appointed officials in York Township. Abuse of power is and has been happening in York Township for years and something needs to change. Wake up Residents/Taxpayers of York Township the Bullying and Harassment has to STOP NOW. Your tax dollars are being wasted on Bullying and Harassment tactics being displayed by two officials in particular. This is not the only story of this type of actions happening in York Township. Officials are not gods even though they think so. Time to make a change in York Township sign petition.
yorkresident10
Wed, Feb 9, 2011 : 4:11 p.m.
As a resident of the Township I am appalled at the so-called "leadership" of our Township. Perhaps Mr. Zurawski needs be informed that he is only a Supervisor not the King. This is an incredible waste of time. How about enforcing township ordinances regarding junk stored in yards? That alone should keep them busy for next ten years. Go forbid two individuals who have spent their life in the Township be able to express their family pride.
TaxPayer
Tue, Feb 8, 2011 : 12:58 p.m.
It seems as though York township officials are spending money on a battle the taxpayers do not wish to fight. I agree with @bob, contact ELECTED officials and voice your opinion: 734-439-8842 or yorkinfo@twp-york.org
Trouble
Mon, Feb 7, 2011 : 11:20 p.m.
York Twp. Please leave Farmers alone. They have a very clean Farm. They pay their taxes. They are nice people. Why you waste Tax Payer money going after these Farmers. Why is Twp. Supervisor hiding? Sylvan Twp. home owners/tax payers now paying very big Law Suit bill after losing court battle when Twp. was WRONG in harassing developers. Court is making all residents pay for big settlement. York Twp. should not put York Twp. residents in same position. The Leader of York Twp. should step up to plate and tell all York Twp. citizens what is happening. Leave good Farmers alone York Twp. Please leave them alone.
caretaker
Mon, Feb 7, 2011 : 10:13 p.m.
I wonder what York Township Board members (name) voted to pursue this? This now has the appearance of a HARASSMENT issue. I remember when many barn roofs carried the family name. In fact there still are few,
barbara
Mon, Feb 7, 2011 : 7:19 p.m.
I would think York Township would have better things to do with their money than to keep what I consider harrassing two gentlemen who take pride in their farm and heritage. If I lived in York Township I would be raising a big fuss over this. Our house is bordering the Braun's farm and we enjoy seeing the lights at night, as does our granddaughter when she's visiting.
InsideTheHall
Mon, Feb 7, 2011 : 6:46 p.m.
Come on Joe, pick your battles wisely. Many of your supporters are scrathin the melon on this one.
McFly
Mon, Feb 7, 2011 : 5:44 p.m.
Have I read this incorrectly, or does this mean that every house in the township decorated with removable Christmas lights that plug into an outlet (not hardwired) is in violation of the ordinance for several months of the year?
average joe
Mon, Feb 7, 2011 : 6:36 p.m.
No, but you will have to get an electrical permit first, plus an inspection.....
Peter
Mon, Feb 7, 2011 : 4:34 p.m.
WHENS THE FIGHT?
glimmertwin
Mon, Feb 7, 2011 : 4:28 p.m.
York township should be pleased they even have people that are aware of the local history. Many townships don't. This is a witch-hunt and is a complete abuse of power and money. Let this family be - and I can't wait for the wind turbine.
SalineMachine
Mon, Feb 7, 2011 : 4:08 p.m.
I don't normally chime in, but hearing York Twp pursue this really grinds my gears. What right do they have? It is clearly not a sign! I drive by this silo a couple times a year and it is always delightful to see. Who in York Twp is backing this? There can't be much resident approval, so the head of the snake has got to be someone at the top. I'll pray for the Braun brother's victory over this frivolous persecution.
mike from saline
Mon, Feb 7, 2011 : 4:06 p.m.
I live in York Township, and I confess that I don't pay much attention to Township politics. I guess that needs to change. I'll vote for anyone who runs against any official [Joe Zurawski] who supports this rediculous use of tax-payer money to harass one of the finest Families in, not only York Township, but the entire Saline area. I think it might be time to replace that Township attorney if this is an example of the kind of legal advice he's handing out.
justaposter
Mon, Feb 7, 2011 : 2:42 p.m.
I love seeing those lights at night. It's a wonderful reminder of the history of Saline and Braun farms. York Twp officials should be ashamed of spending so much time on something so trivial.
mgoblue73
Mon, Feb 7, 2011 : 2:27 p.m.
Link to the Saline Reporter article: <a href="http://heritage.com/articles/2011/01/25/saline_reporter/news/doc4d3ee46846ee9450941572.txt" rel='nofollow'>http://heritage.com/articles/2011/01/25/saline_reporter/news/doc4d3ee46846ee9450941572.txt</a> Knowing the township, this does not surprise me in the least. York Twp (particularly Carl Girbach) has a history of going after citizens and businesses in the township -- they find a questionable non-compliance issue (windmill) and then go after other nitpicking issues (lights). This has happened with other businesses in York Twp in the past. Funny how the township bends over backwards to get a Toyota, then tries to stick it to two of the nicest, most hard working men in the area. York Twp is really going after Braun Farm because they are proud of having one of the most successful farms in the area for over 100 years? Really??? Find something else to do with your time, York.
average joe
Mon, Feb 7, 2011 : 2:11 p.m.
York officials must have every one of the property owners in the township in full compliance of township ordinances if they are going after the Braun brothers. If anyone has driven past their property, they can see immediately the pride that they take in the work they do. It is probably the most cleanest, well kept farm in southeast Michigan. York township officials should desire every property owner to follow the Braun's example of maintaining their property, and of being a good neighbor & citizen.
Ignatz
Mon, Feb 7, 2011 : 1:34 p.m.
I know the property belongs to them, but I would think the addition of lights takes away from the historical aspect.
Kelly
Thu, Feb 10, 2011 : 12:52 p.m.
Well...let's see....it currently is 2011...subtract 100 from that number and we get....1911... Since the farm was just starting around then....lights and electricity are appropriate. May or may not have had them that year, but certainly within 20 years of that time, which is less than 80 years from now.... Nope, I don't see any problem with lights and the historical aspect of being a centennial farm.
bugjuice
Mon, Feb 7, 2011 : 6:36 p.m.
as well average joe is perpetuating knee jerk myths about Ann Arbor's historical districts.
average joe
Mon, Feb 7, 2011 : 6:31 p.m.
I'm not half cocked, & I know it isn't a historical district, silly bugjuice- I was making a joke of knee-jerk reactions to Citys' "historical districts" and the restrictions on what those propertys' owners can & can't do. Ignatz had the opinion of the lights taking away from the historical aspect of the farm, & my reply was that there isn't any restrictions to what the Brauns could do to their own property. And I know all about centennial farms & what the designation means.
bugjuice
Mon, Feb 7, 2011 : 3:18 p.m.
Typical of the half cocked... average joe. It's not a historical district. It's a Centennial Farm designation recognized by the state as having been in the same family for more than 100 years. There's nothing sinister here about historic preservation of a centennial farm. It's simply a designation.
average joe
Mon, Feb 7, 2011 : 1:59 p.m.
I'm sorry, but is this farm in a "historical district"??. So by your statement you cannot make any changes or additions to your house because it would change any historical aspect. (?)
Go Blue
Mon, Feb 7, 2011 : 1:20 p.m.
In a day and age when our country is rapidly losing its heritage to subdivision after subdivision, we have two gentlemen who take pride in their property and maintain the land and grounds better than the average subdivision house. They have achieved a milestone that few do anymore, and what do they get? A township butting in standing against acknowledging and honoring this achievement! Sounds like sour grapes to me and someone at the township having a major temper tantrum. What is going on? Is not the government our representative? Why then, has the township taken this "let's get them" stance? What the Braun brothers have done is enhance our community and I love what they've done! They are major contributors to our community and should be thanked, not reprimanded. Remember - they were here f i r s t - they should not have to endure this nonsense!
bob
Mon, Feb 7, 2011 : 12:35 p.m.
If I lived in York Township I would contact my elected representatives and ask that they stop wasting taxpayer money.
obviouscomment
Mon, Feb 7, 2011 : 11:56 a.m.
Why is the township even wasting their time with this? I'm sure there are many other more important things they could be working on besides harassing hard-working people who want to celebrate their years of success. It seems that these lights aren't bothering anybody so just leave them alone.
yohan
Mon, Feb 7, 2011 : 11:54 a.m.
This is the same story that appeared in the Saline Reporter on Jan.25th.....2 weeks ago!