‘Junk’ cars lead to jail more fun

Patrick Springer, The Forum
Published Thursday, December 04, 2008

Tow trucks drove off Wednesday with two junk cars from David Habiger’s residence in Casselton, N.D., where neighbors had complained they were a nuisance.

Habiger was also driven away – by Cass County deputy sheriffs who arrested him on charges of disorderly conduct and hindering law enforcement.

Deputy Craig Danielson said Habiger became belligerent when the tow trucks arrived to remove the cars, both of which had expired licenses.

The cars were removed from Habiger’s residence under a court order sought by the city of Casselton. Under the order, issued Oct. 28, Habiger had 10 days to remove the cars or the city could have them removed to enforce its nuisance ordinance.

“We went over there to enforce that order and Dave was very adamant that we weren’t going to remove the cars,” Danielson said.

Habiger, in a telephone interview from the Cass County Jail, denied that he obstructed crews removing the cars, but also contended that the cars were on his property legally.

“I voiced my opinion,” he said. “I didn’t stop anything. I was telling them my opinion.”

The incident echoed an inspection last June of Habiger’s salvage yard in rural Cass County near Amenia. State health officials had a civil warrant to search the property for possible environmental violations.

Habiger contended that the inspectors were on his property illegally – an assertion a judge later upheld, concluding health officials lacked the evidence to search his salvage yard.

However, Habiger became upset with the health officials and sheriff’s deputies, who showed up unannounced, and was accused of knocking the papers from the hands of one of the inspectors. He still faces charges of resisting arrest and physical obstruction of government officials in connection with the summer search of his salvage yard.

“This is persecution against me,” Habiger said Wednesday. He maintains that the city of Casselton also should be cracking down on other residents for “junk” car violations.

“They have to enforce it fairly or not enforce it at all.”

Delvin Losing, a lawyer for the city of Casselton, said other property owners have been more cooperative with the city in addressing violations of the nuisance ordinance.

“We’ve been having a lot of complaints from his neighbors,” Losing said. “He’s essentially running a business out of there. He’s difficult to deal with.”

Readers can reach Forum reporter Patrick Springer at (701) 241-5522

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