More than a year after the Calistoga City Council held a hearing that resulted in the declaration that John Busk’s hillside landscaping projects constituted a public nuisance and hauled the offending property away, he’s hauling the City into court.

Busk, 82, filed his complaint against the City of Calistoga in Napa Superior Court on Nov. 6. A case management hearing is scheduled for April 19, 2009.

So far, the complaint seeks payback from the City after it “wrongfully and unlawfully abated the alleged nuisance,” according to court documents Busk filed. 

The documents indicate that the city paid Blakely Construction nearly $5,000 to do the work hauling Busk’s “stones, concrete pipes, railroad ties, etc. from his property to the City’s own public storage yard.”

With the City’s permission however, Busk was able to get his property back and return it to his land – at considerable additional cost – about $2,500, the record indicates.

Additionally, Busk claims he has ordered the City to cease the abatement actions, but the (City) has refused, and their continued abatement could cause further damages to Busk’s estate.

Busk, who has been in a tug of war with the City of Calistoga for nearly 20 years over his hillside landscaping plans, wants his money back, along with court costs and “further relief as the court deems proper.”

The Calistoga City Council held a public hearing to review its complaint of Busk’s actions in late August, 2007. The result of that hearing was unanimous approval of the nuisance declaration, the first step in taking over abatement of several projects that the City has warned Busk over the years were illegal.

Busk failed to file an appeal of that action by the Sept. 6, 2007 deadline.

Mayor Jack Gingles called Busk’s charges “ridiculous” and speculated the filing will be “tossed out” by the court as a frivolous action.

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