Facing up to $450,000 in fines, brothers defy township to start Christmas tree farm

Darrell Clem | Hometown Life

A heated dispute between Canton Township and two brothers who removed hundreds of trees from property they own — amid plans to start a Christmas tree farm — could be headed for a courtroom showdown.

Canton business owners and brothers Gary and Matt Percy could owe as much as $450,000 after township officials say they removed an estimated 1,500 trees — without permission — from a 16-acre site they own on Canton's south side.

Defying the township, the Percys already have started planting Christmas trees, according to their attorney, Michael J. Pattwell, who responded to questions Monday by email.

Pattwell said it's still possible the two sides can reach "an agreeable resolution," but the Percys aren't backing down.

"We also are absolutely prepared to take this case into a courtroom," he said. "The brothers are also moving forward with their plan to plant 2,500 Christmas trees on the property. Despite the township's roadblocks, they have already planted 1,000 Christmas trees."

Kristin Kolb, the township's corporation counsel, said aerial photos from last October reveal the former trees already had been cut down. But she said Canton officials only learned of the situation in the spring after a neighboring property owner made inquiries.

"There was absolutely nothing left of the trees," Kolb said, prompting the township to look into the matter.

Kolb said the Percy brothers initially indicated they wanted to grow corn on the site. The land is behind a trucking and logistics company, A.D. Transport Express, Inc., which the brothers have owned since the late 1980s on Belleville Road, near Yost.

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But the Percys have since opted for a Christmas tree farm.

"That was news to us," Kolb said.

Regardless, Pattwell said the Percy brothers believed they were exercising a state and local exemption for farming when they cleared the land.

"That was when the Canton tree police showed up," he said.

Canton Township Supervisor Pat Williams said he had a meeting Tuesday morning with mayors from Romulus, Westland, Livonia and Northville Township — and they discussed the situation. He said they confirmed their communities all have tree ordinances similar to Canton.

"It's not unique," Williams said.

Pattwell said township officials, after learning of the situation, signaled immediately their intention to levy big fines. He has alleged that many plants referred to as trees by the township are, in fact, invasive species. He said the site "was teeming with invasive plants like phragmites, buckthorn, autumn olive and other scrub brush."

Kolb said Canton had in-house and outside arborists examine sections of a wooded area adjacent to the Percys' property to help determine the likely number of trees removed from the site where the brothers want to farm. She said that is how the township arrived at the 1,500 number.

Moreover, Kolb said, that determination is how officials arrived at the $450,000 that the Percys may owe. She said the Percys could have reduced the amount to about $350,000 by agreeing to pay into the township's tree fund. She also said it shouldn't technically be referred to as fines.

"It's a payment into the tree fund for opting not to replace trees," she said. "It's the same thing that any developer would have to do."

Brothers have Canton roots

Pattwell said the Percys were born in Canton and their families and employees live there.

"They could have relocated the business to another town, but wanted their business to succeed in Canton," he said.

Meanwhile, Kolb said a state-regulated wetlands area is on the property, prompting the Michigan Department of Environment Quality to issue a violation notice to the Percys.

Pattwell said the Percys "have worked diligently with MDEQ to be able to move forward with the Christmas tree farm and believe that they have satisfactorily resolved all of MDEQ's stated concerns." He said the brothers have been careful not to plant Christmas trees in any possible wetlands area.

A phone message was left Tuesday morning with MDEQ.

Pattwell acknowledged that Wayne County initially expressed some concerns about tree removal that occurred near a county drain on the property. But after an inspection, he said, "Wayne County has not advised of any violations."

Kolb said Canton has a few options going forward: Do nothing, continue trying to resolve the issue with the Percy brothers, write them a ticket and go to 35th District Court or file legal action in Wayne County Circuit Court. It wasn't clear which action might occur.

Kolb said Monday that Canton has waited six weeks for a new response from the Percys to see what is their next course of action. She said the Percys are being given two more weeks before Canton decides how to proceed.

Kolb said the situation is multi-pronged:

The Percys didn't seek a permit to remove the trees. If they had, she said, they likely would have had to post a bond; agree to replace the trees on their property, in a park or elsewhere; or pay into Canton's tree fund. The brothers could have opted for a combination of those options.

She said Canton requires 40 acres of land for a new farm, but the property in question is only 16 acres. She said it was bought and split off from a bigger, 40-acre site.

Kolb said the Percys would have to ask for a variance to have a farm and would need a rezoning, because the property is zoned industrial.

Pattwell acknowledged that many Michigan communities have tree removal ordinances.

"They are meant to promote tree-lined streets in neighborhoods and protect old, stately heritage trees. The Percy brothers, and most people, support this as a community goal. But that’s not what this case is about," he said. "We are talking here about a parcel of former pasture land surrounded entirely by industrial activity.

"This case is about misguided overreach. It is unavoidably about whether people who own property are allowed to use it," Pattwell said. "And it is about local government abusing its authority to shake down its residents. We contend the Percy brothers exercised a farming exemption in the local tree removal law to clear the historic pasture behind their business and develop a Christmas tree farm."

Williams disagreed the situation is an overreach by Canton, saying the rules are in place for a reason.

"The reason for this ordinance is so that when developers come to do their projects in our community, there are controls in place to make sure that everybody's best interests in the community are taken into consideration," he said.

Canton officials contend the tree ordinance, in general, has been in effect for years as a way to protect land in the township and to prevent developers from doing what they want without regulatory oversight.

Pattwell said it's worth noting that Canton Township previously owned this land after acquiring it through tax reversion. He said fines Canton says it can impose are more than what the property sold for, calling the amount of fines "unconstitutional and outrageous."

Pattwell said the Canton site isn't the only family company dedicated to Christmas trees. Montgomery Farms, another family company established in 2006, specializes in specializes in secondary trees and has operated in Hillsdale and Albion, he said.

Contact Darrell Clem at dclem@hometownlife.com. Follow him on Twitter: @CantonObserver.