Earlville resident cries fowl
EARLVILLE – In 2007, the Village of Earlville updated a local law that prohibited non-domestic animals within the village. One man, Michael Kicinski, has spent the six years that have followed battling village officials for what he believes is his right as a tax-paying citizen.
One of the determining factors that led Kicinski to move his family to Earlville in 2003 was that he would be allowed to enjoy the benefits of a small agricultural community and keep chickens and rabbits for his own families' consumption. From 2003 to 2007, the Kicinski's raised their poultry without incident; until 2007, when former village mayor Toni Campbell informed the family that their chickens had to vacate the village within 30 days.
A series of tickets for violating the village’s new law were issued by the only village official with enforcement capabilities: Earlville Code Enforcement Officer Matthew VanHeusen.
Kicinski was then charged, brought before the village court, found to be in violation of the new local and fined, despite having been granted a variance by a former mayor and village trustees.
“I did everything by the books,” said Kicinski. “I applied for and received two variances on separate occasions by village officials so that there would be no issue with the law. I asked permission and it was granted – twice,” Kicinski said.
Kicinski would eventually bring the matter before the Madison County Appellate court, and the ruling of the village court was overturned at the county level. The position of the village maintains that Kicinski is still in violation of the 2007 law and that any variances granted under former administration allowing Kicinski to raise up to 120 foul was not legally binding.
On Nov. 21, 2013, Earlville Village Justice Ronald Hailston signed a search warrant enabling VanHeusen to enter the Kicinski's family property to inspect, photograph and count chickens. VanHeusen, along with a Madison County Sheriffs Deputy, searched the entirety of the Kicinski residence.
“I really don’t understand why this is such an ordeal,” said Kicinski. “We have been through two mayors and an entire village board since 2007. This only adds to the embarrassment the village has sustained. I only want the Village of Earlville to honor their original contractual agreement and I will accept nothing less.”
In the years that have followed, the Village of Earlville has had a significant turnover in officials and board members. Kicinski's case has now been heard by 5 different justices. Former Mayor Toni Campbell resigned in 2010 for personal reasons after she was charged with grand larceny; and in late 2011, Mark Doeberl – who filled Campbell's position – resigned following a DWI charge.
Currently, Kicinski continues to pay his taxes, and raise his chickens and rabbits because he feels that he is in the right. He regularly donates excess fresh eggs to the Earlville Food Pantry and often sells eggs to help offset the cost of feed for the animals.
“The purpose of government should be to prosecute its citizens,” said Kicinski, “but that's exactly what's going on here. This is not a business that turns a profit and puts the community in any sort of danger. They're just chickens.” he added.
Current Mayor William Excell could not be reached for comment. Kicinski has been scheduled for a jury trial in the village on Wednesday, Dec. 4.
One of the determining factors that led Kicinski to move his family to Earlville in 2003 was that he would be allowed to enjoy the benefits of a small agricultural community and keep chickens and rabbits for his own families' consumption. From 2003 to 2007, the Kicinski's raised their poultry without incident; until 2007, when former village mayor Toni Campbell informed the family that their chickens had to vacate the village within 30 days.
A series of tickets for violating the village’s new law were issued by the only village official with enforcement capabilities: Earlville Code Enforcement Officer Matthew VanHeusen.
Kicinski was then charged, brought before the village court, found to be in violation of the new local and fined, despite having been granted a variance by a former mayor and village trustees.
“I did everything by the books,” said Kicinski. “I applied for and received two variances on separate occasions by village officials so that there would be no issue with the law. I asked permission and it was granted – twice,” Kicinski said.
Kicinski would eventually bring the matter before the Madison County Appellate court, and the ruling of the village court was overturned at the county level. The position of the village maintains that Kicinski is still in violation of the 2007 law and that any variances granted under former administration allowing Kicinski to raise up to 120 foul was not legally binding.
On Nov. 21, 2013, Earlville Village Justice Ronald Hailston signed a search warrant enabling VanHeusen to enter the Kicinski's family property to inspect, photograph and count chickens. VanHeusen, along with a Madison County Sheriffs Deputy, searched the entirety of the Kicinski residence.
“I really don’t understand why this is such an ordeal,” said Kicinski. “We have been through two mayors and an entire village board since 2007. This only adds to the embarrassment the village has sustained. I only want the Village of Earlville to honor their original contractual agreement and I will accept nothing less.”
In the years that have followed, the Village of Earlville has had a significant turnover in officials and board members. Kicinski's case has now been heard by 5 different justices. Former Mayor Toni Campbell resigned in 2010 for personal reasons after she was charged with grand larceny; and in late 2011, Mark Doeberl – who filled Campbell's position – resigned following a DWI charge.
Currently, Kicinski continues to pay his taxes, and raise his chickens and rabbits because he feels that he is in the right. He regularly donates excess fresh eggs to the Earlville Food Pantry and often sells eggs to help offset the cost of feed for the animals.
“The purpose of government should be to prosecute its citizens,” said Kicinski, “but that's exactly what's going on here. This is not a business that turns a profit and puts the community in any sort of danger. They're just chickens.” he added.
Current Mayor William Excell could not be reached for comment. Kicinski has been scheduled for a jury trial in the village on Wednesday, Dec. 4.
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