DUBOIS – On Monday night, resident Gary Heller confronted DuBois City Council about the construction of a 50-foot by 60-foot basketball court that neighbored his mother’s property. The court, he said, is beyond the required five-foot buffer from the property line.
Heller said he was neither aware if the court required a permit, nor if any sort of survey work was completed before construction of the court. He also expressed concerns that run-off would cross the 15-foot alley and enter his mother’s basement.
Heller said that he wasn’t pleased when he was advised to retain a lawyer to discuss this matter. Council member Randy Schmidt then asked Heller if he had engaged the city’s code enforcement officer.
Heller initially answered “no,” but City Manager John “Herm” Suplizio quickly indicated otherwise. During subsequent discussion, it was noted a survey had been completed by Heller’s mother’s neighbor. It was also noted that Heller had hired Hughes Engineering to develop a drainage solution that was presented to the city’s engineer.
“This is a civil matter. There is no enforcement for the City of DuBois. There is no violation of city codes. They have resolved it by a recommendation of Heller’s own expert,” said Solicitor Toni Cherry when she interrupted discussion.
Cherry attempted to end the conversation, saying that to her knowledge Heller had threatened to sue the city over the matter. Heller responded, “I said that was a possibility.”
Cherry indicated it was her instructions that as soon as a lawsuit possibility emerged to turn the discussion over to be lawyer-to-lawyer.
She added the basketball court was constructed in accordance to city ordinances. She said Heller would have a point if the court was within five feet of the property line or caused harm to his property.
“Last time I checked, this was still America. People have a right to do things in their own home,” said Cherry.
Heller said he believed the run-off could harm his mother’s basement. At this point, Cherry urged Heller to have his lawyer talk to his neighbor’s lawyer.