UPDATES:
• Christofferson loses tire fence appeal
By Stephen J. Lee
Herald Staff Writer - 12/14/2007
Cory Christofferson lost his appeal to the North Dakota Supreme Court and must get rid of the eight miles of sheep fences made of stacked tires on his farm near Tolna, N.D.
Christofferson served as his own attorney before the state court in a hearing this fall. Thursday, the court handed down its ruling that a state district court was right last year when it upheld the state health department's findings that the tires pose too great an environmental risk.
The highly unusual case drew worldwide attention, partly through Christofferson's energetic defense of his unorthodox use of more than 300,000 tires.
Originally he got permission from the health department as he started to buy up tires across the region in 1994. He stacked them on their sides, making fences as high as 8 feet tall; but mostly, the tires made four-foot fences for his sheep operation between Devils Lake and Stump Lake.
He claimed he was finding a beneficial use for used tire s, citing state health rules, while experimenting with better fencing styles. But by 2004, the health department officials decided he hadn't kept his end of the bargain and that his tires posed a risk for fire and mosquito and rodent breeding. However benign Christofferson's fences might seem, eventually the tires would have to be removed by somebody, health officials determined.
Christofferson argued that making him dispose of the tires might ruin him financially. Plus, his idea was a good experiment in new kinds of fences and new ways to deal with used tires, he argued.
He fired his attorney during the whole process and represented himself before the supreme court. The court made clear that hurt him, ruling that three issues he raised in his appeal do not warrant full consideration by this court, because he did not give enough supporting evidence for them.
The court said it was reluctant, generally, to overturn a state agency's administrative r uling without more evidence against it. In this case, the facts and the law were on the side of the health department and the state district court in Bismarck, all five judges said.
Christofferson said Thursday he didn't know what his next step will be. The health department gave him until next October to get rid of the tires in their 2004 ruling.
You can put this down, he said in a telephone interview Thursday. I don't plan on picking a single tire up.
Christofferson named his place The Tired Out Ranch, and started a Web site, www.tiredoutranch.com, to garner support. He gathered affidavits from neighbors and Benson County commissioners supporting his tire fences. But the district court rejected the affidavits as improper evidence and the Supreme Court upheld that finding.
The farmer also appealed to common sense, scoffing at health officials' claims about fire and pest dangers. He said the prairie pothole region around him bred so many mosquitoes that his tires couldn't add a significant number. And the way his tires are stacked four or five high in long lines would never pose a real fire danger, Christofferson claimed.
His fences also serve as a snow fence and have attracted tourists. He accused state health officials of lying about receiving complaints from people concerned about the tires.
I've received e-mails from people, not just all over North Dakota and the United States, but from all over the world, he said Thursday in a telephone interview. I got some from New Zealand and Chile. And it's 100 percent support.
He sees his battle as a David against the Goliath of government.
It blows my mind that two bureaucrats could do this to somebody. he said.
See the Supreme Court's ruling online at www.ndcourts.gov/court/opinions.
Reach Lee at (701) 78 0-1237 or at slee@gfherald.com
• December 13, 2007
Our long and costly battle with the North Dakota State Health Department ended today with a decision from the Supreme Court ruling in the State's favor. Although none of the state-paid expert witnesses have ever stepped foot on our place, they apparently sealed our fate. While one might think the affidavits of support from our County Commissioners, Township Supervisors, County Emergency Management Director, Road Maintenance Personnel, State's Attorney, sheep experts, neighbors and even an artist would make a difference, apparently we don't know what's best for us out here. At this time we do not know our next step.
• Waiting for District Court Date to be set
• My sister had told me she will pay my legal bill to date. Thank you, Carla!
• On the 23rd & 24th of February, I constructed a 1500 sq. ft. shelter for my sheep. It took a total of 10 hours to construct. The shelter was constructed using recycled tires bundled into bales, recycled telegraph poles, old sheep gates, square flax bales and recycled flax straw (originally baled in 2000) for the roof. With the exception of a couple hours help from my 15 yr old son to spread the straw on the roof, the shelter was built by myself. I used my farm tractor and loader to set the bales and poles. There are no nails or fasteners whatsoever in this shelter. With the exception of occasionally having to add straw to the roof or replace the jumbo straw bales, the structure should last a lifetime as the tire bales will never deteriorate. The shelter utilized 4000-5000 scrap tires. (click here to see pictures)
• We've added more farm pictures to our photos pages as many of you have said you enjoy seeing farm life. (click here to see added pictures)
