2:44 p.m. - "It's in the hands of the court now," newly elected Morton County Chairman Robert Christensen surmised after a unanimous commission decision passing a resolution calling for the State's Attorney to bring the matter of cleaning up the Fort Rice community to District Court.

While the county commission determination to let the court take up the matter seemed clear cut, reaching that decision was anything but.

The problem stems from property owned by George Gartner in Fort Rice which has long been used for salvage company operations. Complaints have risen from the eyesore the property presents in an area zoned as recreational land. The resolution states the location of the junkyard "appears to violate" the goals of Morton County's Comprehensive Plan "and the uses permitted in a Recreation District."

The resolution was brought to the Commission by Custer Health District's Keith Johnson. Following inspections of the Gartner property by the Health District it was decided the junkyard was industrial use in a recreation area. Johnson explained the salvage operation existed before the zoning and was grandfathered in, but is now clearly in violation.

"We have two choices," Johnson explained. "Either we eliminate the industrial use, or we zone Fort Rice to allow industrial. The tack that's been taken is the area is recreational and we need to abate the industrial use."

The Custer Health District, with the help of Morton County State's Attorney Office, drew up the resolution which Johnson said, "seems to be a good solution for a complicated issue." Assistant State's Attorney Brian Grosinger agreed "everything seems to be in order," in regards to the resolution.

With the passage of the resolution, the State's Attorney Office will now meet with Custer Health to identify what needs to be cleaned up, who is responsible for the property and what actions need to be taken before drawing up a lawsuit for the District Court's consideration. Grosinger expects the filing of the lawsuit to take 60 to 90 days. He then suspects it will take anywhere from an additional 90 days or up to a year before a trial takes place. Once a court order is issued it could take an another 120 days before actual clean up begins.

Chad Gartner, George's son, a part owner of the Fort Rice property, pointed out to commissioners, the Gartner property wasn't the only land in need of being cleaned up. He added his father has removed about 250 tons of salvage material from the yard and continues to make progress towards cleaning it up.

As a counter to the commission's foregoing legal recourse through the resolution, Gartner offered to enter into a contract to clean up the Gartner property by Jan. 1, 2006, for $1. Newly elected commissioner noted the offer wouldn't clean up the other properties in Fort Rice, which Gartner himself had alluded to earlier.

Grosinger explained the resolution wouldn't preclude Gartner from cleaning up the property prior to a court decision. Should the District Court order the property cleaned up, Morton County is responsible for the expense, but can attach the cost to the property to recoup expenditures.

Commissioner Dick Tokach made the motion to adopt the resolution, seconded by Bitz. But Christensen found himself casting the deciding vote with commissioner Jim Boehm and Matt Erhardt opposing passage. Christensen voted no, defeating the motion.

"Why did you defeat this motion, when it's been going on for years?" questioned an obviously frustrated Bitz. "It makes no sense to defeat the motion."

Christensen conceded he'd likely made a mistake in voting against the motion, and made a motion the decision be reconsidered. Bitz seconded and a unanimous vote was cast for reconsideration. On a second vote it was the unanimous decision of the commission to adopt the resolution.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@bismarcktribune.com.)