The town of Ellery is asking the state Supreme Court to compel a property owner to clean up a Route 430 property.

The town filed suit recently in state Supreme Court in Mayville against Sulu LLC, 3002 Fluvanna Townline Road, an LLC that owns property at 3078 Route 430 and 3080 Route 430, with the town asking for an injunction and abatement against the property owner for violating the town’s Property Maintenance Code and Zoning Code. Town Board members approved filing the lawsuit during a meeting June 10.

The lawsuit states a garage at 3078 and 3080 Route 430 needs siding and paint and is currently in violation of the state Property Maintenance Code’s requirement of protective treatment for outdoor structures. The town sent violation notices in November 2024, the lawsuit states, while the town also sent a notice of violation in March 2022 regarding rubbish and garbage that includes scrap metal, tires, junk lawn mowers, junk vehicles and other pieces of junk and trash on the property.

“As a result of the continual violations, the properties at 3078 Route 430 and 3080 Route 430 in the town of Ellery do not comply with the applicable provisions of the Property Maintenance Code; represent a health hazard, safety hazard and/or fire hazard; and poses a potential threat to the health and safety of the present and future inhabitants of structures on the property, visitors to the property and the defendant’s neighbors,” the lawsuit states.

“Plaintiff has no adequate remedy at lw for the reason that an injury will be done to plaintiff if defendant continues violations as aforesaid and cannot be compensated money. Therefore, it is necessary to seek the court’s aid to enforce the Property Maintenance Code as it applies to the defendant to seek to enjoin and restrain the defendant from violating the provisions of the Property Maintenance Code.”

Zoning Code violations stem from the property’s location in an Agricultural Residential District under 2014 updates to the Ellery Zoning Law. Town officials say the property has been the site of a vehicle dismantling, scrap and junkyard. Violation notices were sent in December 2024 asking the owners to stop their business.

“Defendant has failed and refused to comply with the Order to Remedy of the town of Ellery code enforcement officer as defendant continues to operate a scrap and junkyard in violation of the applicable sections of the Zoning Law of 2014.”

According to Ellery Town Board minutes from the April meeting, the property owner has either not appeared in court, was ill at a subsequent appearance and hadn’t made any progress cleaning up the property from January through late April. The town has been issuing fines until the property is cleaned up, with fines as of late April totaling $29,500.