Defiant: Has Woodriver Smoker Disobeyed Court Order to Stop?

defiant

de·fi·ant adjective : full of or showing defiance : bold, impudent <defiant rebels> <a defiant refusal>

5055 Palo Verde Ave, Fairbanks, Alaska on Feb 5, 2013 @ 11:33 am

On Feb 4, 2013, Judge Robert Downes granted the state’s motion for a preliminary injunction, see CourtView case 4FA-13-01205CI.

Indeed, the Straughns’ attorney has said the state’s injunction prevents the Straughns from operating the outdoor wood boilers, and they have shut them down, most likely for the season. This is according to Kim Murphy, LA Times correspondent comment on Scorched Weekend: Woodriver Polluter Smokes it Up.

Then, why is their boiler still smoking Feb 5, 2013 at 11:33 am?

Further, do instrumented “sniffer” vehicle maps from the Borough pinpoint the boilers’ smoke? Click on the images to enlarge.

FNSB “sniffer” Map 2013-02-06

Another witness in the neighborhood reported to Clean Air Fairbanks “putrid” smoke from the Straughns’ boilers on Feb 6 and again today, Feb 12. The resident sent a complaint about the Straughns’ Feb 6 smoke that same day to Governor Sean Parnell, Commissioner Larry Hartig, Senator Click Bishop, and Representative Pete Higgins.

Did the court’s Feb 4 preliminary injunction prohibit operation of the boilers? Did the injunction take effect by Feb 5 or Feb 6, or as late as today, Feb 12? If so, Andrew and Gloria Straughn may be in contempt of court.

What could make these landlords defiantly disregard the health of their neighbors and a court order?

Is padding the bank account with a few more bucks really worth it?

Or is this an example of getting in the last licks?

Only the court documents will tell.

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Scorched Weekend: Woodriver Polluter Smokes it Up

Andrew and Gloria Straughn scorched through a recent weekend. The couple are named as defendants by Alaska Department of Environmental Conservation, plaintiff, in a civil case filed in Superior Court Jan 3, 2013. The couple have two outdoor wood boilers across the street from Woodriver Elementary that have generated smoke pollution since they were installed in 2008.

Hey, it’s the weekend. Why not fire both up?

So, yeah, their neighbors noticed. Who wouldn’t? DEC, that’s who.

5055 Palo Verde Ave, Fairbanks, Alaska

58 Trinidad Dr, Fairbanks, Alaska

5055 Palo Verde Ave, Fairbanks, Alaska

Pre-Trial Scheduling Conference: March 18, 2013

>> Link: CourtView – search for Case 4FA-13-01205CI, defendants – Andrew and Gloria Straughn

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Despicable You: Woodriver Boilers Smoking this AM

Smoke from Outdoor Wood Boiler at 58 Trinidad Dr takes Aim at Woodriver Elementary, Feb 6, 2013 @ 10:15 am

Make him stop. Call Juneau.

Ask the Commissioner to issue an emergency order to stop the smoke now.
The first court hearing on the state’s preliminary injunction motion will not be held until for nearly 6 weeks, March 18, 2013.
Public health and the health of children, school employees, and neighbors can’t wait until March.

Contact:

Alaska DEC Commissioner Larry Hartig <larry.hartig@alaska.gov> (907)465-5065
Governor Sean Parnell <governor@alaska.gov> (907)465-3500; 451-2920 Fairbanks

Woodriver is in their districts:
Representative Pete Higgins – House 5 <Representative.Pete.Higgins@akleg.gov> (907)465-4976 Chair, House Health & Social Services Committee
Senator Click Bishop – Senate C <Senator.Click.Bishop@akleg.gov> (907)465-2327

>> Link: CourtView – search for Case 4FA-13-01205CI, defendants – Andrew and Gloria Straughn

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Woodriver Smokers Demand JURY TRIAL!

Straughns’ Smoke heading toward Woodriver Elementary School 9 am 3/24/2011

If you rear-end a school bus, would you demand a jury trial?

Maybe not. But you’re not the owners of TWO outdoor wood boilers accused of smoking out a neighborhood and school.

On Jan 31, the attorney for the owners filed a “demand” for a jury trial.

Jason Gazewood, Esq, is the defense attorney for the husband and wife who in 2008 installed two outdoor wood boilers across the street from Woodriver Elementary School.

Can the Alaska Attorney General’s office, representing Alaska DEC, convince a jury that the defendants’ smoke caused a nuisance in violation of state law and must be shut down?

The smoke started in 2008. When will it stop?

Today, Feb 1, Judge Michael MacDonald recused himself from the case which was then reassigned to Judge Robert Downes.

>> Link: CourtView – search for Case 4FA-13-01205CI, defendants – Andrew and Gloria Straughn

>> Link: State seeks court order to shut down two outdoor wood boilers next to Woodriver Elementary FDNM 2/1/2013

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