FARGO (KFGO KVRR) – The owner of a Fargo auto repair shop is launching a legal battle against the city’s demands that he shut down his business next month, or face heavy fines.
John Bultman was told that he needs to close John’s repair, his tiny shop in north Fargo by the end of March. The city claims a zoning agreement that allowed him to operate in a residential area for decades no longer applies to Bultman because he sold the property.
On Monday, the Institute For Justice, a non-profit law firm that specializes in property rights, sent a letter to Assistant Fargo City Attorney Alissa Farol. The letter by attorney Erica Smith Ewing says the city’s actions against Bultman are “illegal and unconstitutional.”
“The City’s order states that failure to shut down the auto repair will result in Mr. Bultman’s landlord suffering fines of up to $1,000 per day,” according to Ewing. “The City’s order contravenes the City’s own ordinances. It also likely violates the state and federal constitutional protections for substantive and procedural due process.”
“Mr. Bultman is a 69-year-old citizen who has been operating his auto repair business for 42 years. He is the business’s only employee, and should be allowed to continue operating until he wishes to retire in two years. We ask that the City allow Mr. Bultman to operate his business in peace, and immediately rescind its illegal and unconstitutional order.”
The shop run by Bultman for 42 years is off 12th Avenue North and University Drive behind St. Paul’s Newman Center and The Bison Turf.
The city sent Bultman a notice of a land development code violation in late December saying he had until March 30th to stop doing business and remove vehicles and parts from the property or expect legal action.
“The current situation continues to violate Planning Department / LDC ordinances, Building Inspections Code Ordinances, and the original Special Use Permit. Per our research into the matter, it is required that Bass Auto cease the current operations at this location.”
Ewing’s letter also says the city’s order for Bultman to cease operations without an opportunity for a hearing “creates serious procedural due process issues.”
