The property is zoned M-3, or for businesses, rather than residential and the village was seeking forfeitures from two years of violations. Other than residential users, tenants at 3090 Polk St. include a diesel mechanic, a towing business, an auto repair business and others, according to the decision.
Whitcomb's decision to allow individuals to reside on the property at issue has been the subject of lawsuits in Washington County for nearly a decade as noted in the appeals court decision.
It is unlikely the village will receive any payment of those violations nevertheless the unsafe situation has been stopped once and for all.