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Residents and trustees clash over Village Township fence findings; board reviews recordation concerns
Summary
A contentious fence-viewing dispute between residents and township trustees prompted questions about who prepared and can record a 'notice of findings,' whether trustees had jurisdiction, and how an appeal would proceed; the board agreed to seek and review the original document.
An extended exchange at the Van Buren County Board of Supervisors meeting involved residents and township officials disputing the process and recordation of a 'notice of findings' stemming from a fence-viewing complaint filed by Eugene and Candy Winke.
A resident (Unidentified Speaker at the public table) said they had not been given notice and questioned how trustees could produce findings without a properly noticed meeting. Township and county participants (multiple unidentified speakers) said trustees had a phone meeting with an attorney and that a document titled 'notice of findings' was prepared and returned to the Van Buren County auditor and that the document would need to be recorded by the preparer or otherwise meet recorder standards.
The county recorder’s office flagged the submission as unacceptable for recording because the page lacked required top margin space for a stamp and a cover sheet naming the preparer. County legal staff explained the preparer field is required for recordation and that someone listed as preparer may be reluctant to record a document they did not draft. Residents urged the county to help get the document recorded or to provide the original findings; trustees said the preparer would need to be identified and that, if the trustees lack jurisdiction, the matter may be limited in scope.
Board members directed staff to attempt to locate the original notice of findings and review whether the document met legal and recording standards, and residents were advised on appeal timelines and next steps. The board did not overturn findings at the meeting but agreed to follow up by locating the record and clarifying procedural steps.
