Man Jailed After Zoning Officials Renege on Where He Should Plant Trees

CNSNews.com ^ | July 07, 2003 | National Center for Public Policy Research

[microgood]

(Editor's Note: The following is the 85th of 100 stories regarding government regulation from the book Shattered Dreams, written by the National Center for Public Policy Research. CNSNews.com will publish an additional story each day.)

John Thoburn owns a driving range for golfers in a Virginia suburb of Washington, D.C.

To bring him into compliance with local zoning ordinances, Thoburn was ordered by Fairfax County officials to plant more than 700 trees on his driving range in 1994 at a cost of over $125,000. Before he planted the trees, Thoburn asked the official Fairfax County arborist to approve the location of the trees and received such approval.

However, the Fairfax County Zoning Administrator later determined that some of the trees were in the "wrong" location. Zoning officials subsequently demanded that Thoburn move 98 of the trees to different locations. Since he had obtained prior government approval for the placement of the trees, Thoburn refused to move them. He was consequently convicted of contempt of court and sent to jail for over three months.

According to a letter written by Thoburn during his imprisonment, he said that - even though he was being detained for the alleged landscaping violations - the zoning officials still hadn't told him exactly which trees were in the wrong location. After a lengthy court battle, evidence was presented in court that showed Thoburn's compliance with the new zoning order was both financially and physically impossible. By this time, Thoburn had already been imprisoned for 98 days and was being fined $1,000 per day. "If I can be jailed for not moving trees, do I really possess my property? There are many ways to take away property rights," said Thoburn.

The story does not end with Thoubrn's release. After allowing his release from jail, the judge granted the county's request to enter Thoburn's property and complete the planting they desired. This was done the next day, and county officials presented Thoburn with the bill - nearly $40,000, which became a lien against his property. Today, Thoburn is seeking to rezone his property in the hope of selling it to pay his legal bills.

Source: Defenders of Property Rights

Copyright 2003, National Center for Public Policy Research

[microgood]

No good deed ever goes unpunished. You are even screwed when you follow the rules.

[bedolido]

ping

[lelio]

Is this case still going on?

[Blood of Tyrants]

And they wonder why some people go postal....

[microgood]

Not sure. Sounds like it from the article.

[nothingnew]

Is this case still going on?

I guess so. I remember reading about this a few years ago. I was pissed then, and I'm even more pissed now.

FMCDH

[quark]

Ah yes, my home county, The People's Democratic Republic of Fairfax. It's the most eaten-up-with-big-Government county in the U.S. Proximity to D.C. and large number of Federal employees residing therein makes the case hopeless. Bulldoze it and start over...only solution.

[new cruelty]

This SOB should rot behind bars.

Just kidding : )

[Poseidon]

Actually, as I recall, there's more to this story. It seems that there is a county run driving range in close proximity to this privately owned one and they didn't like competition...

[vin-one]

As I like to refer to this area as RED RESTON
this is a great range and I plan on going there this evening to hit a bucket of balls,
this is less than two miles from my home
I go there often

[vin-one]

I know of no other ranges in Red Reston,
there is one about 3 to 5 miles away, but I think that one is privately owned. I will check and see if there is any others close by.

[Ranxerox]

Shakespeare was wrong, the activist judges are first.

[farmfriend]

Rights, farms, environment ping.

Let me know if you wish to be added or removed from this list.

[sauropod]

Shrubman strikes again.

[E.G.C.]

Amazing!!!!! And people wonder why there's so much distrust in goverment.

[nicepaco]

You can bet there is a hidden reason for this selective enforcement action. Could be revenge. Maybe someone wants the property cheap.

I hope someday when the driving range owner is run off his land we will find out which county connected special interest incited this prosecution.

[vin-one]

selective enforcement, is unlikely
This is Reston, to live, work, and Play in Reston
you have to follow the Reston Association Rules,
this association covers the entire area, and is one of the most strict, Association I have ever heard of
Most houses in Reston, fall in sub-Association groups, who bow down to the Reston Association, which controls the 13+ pools, 5+ lakes, many tennis courts, and many natural areas, and bike baths.
Each home owner in Reston pays about $300.00 a year they are very restrictive, and powerful,

[AAABEST]

I see the takers are at it again, what an infuriating story and complete abortion of justice this is. These creepy types do things like this just because they can, and because we let them.

Almost all problems throughout history are because of those who covet that which is not theirs.

[Constitutionalist Conservative]

This was big news in 2001, but a Google search reveals almost no mention of the case in 2002 or 2003.

Thoburn's "official" website was FreeJohnThoburn.com (which also hasn't been updated since 2001).

[farmfriend]

It says it is a story published in a book. I'm sure the story itself is old.