Ellettsville gives man more time to bring property into compliance after court ruling

Ellettsville resident Robert Lowers has until May 10 to bring his property on Ind. 46 into compliance with town ordinances.

And if he doesn't, town workers will.

Work crews using heavy equipment descended on Lowers' home Monday and again on Tuesday to demolish hand-built walls and other structures around his house that violated Ellettsville's building regulation codes. They also hauled away debris, recycled materials and several vehicles.

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They tore down a treehouse, demolished bridges and walkways, shattered tall walls made from beer bottles, used a bucket claw to remove several ponds and dug up his pet cemetery, where a few months ago he buried a beloved dog.

Lowers said the town workers were gone and the area was quiet on Wednesday. He said a planning department official let him know they would return Wednesday, May 10, to complete the work detailed in a compliance order.

He said they left standing a greenhouse where he keeps plants during cold weather. He said the wall around an inner courtyard was left standing as well, for now.

In the meantime, the 60-year-old is planning for a future not in Ellettsville.

His son, Matt Lowers, established a GoFundMe account with hopes of raising $10,000 to buy his dad a plot of land in Greene County. There's a mobile home there he could fix up, creating a life in the country without town ordinances and close-by neighbors.

Twenty years ago, Lowers move into the Ellettsville house at 1119 Main St., buying it on contract from the now-deceased Marion Jacobs.

Matt Lowers wrote on the fundraising site that his dad "began adding his personal artistic touch to it over the years. He would repurpose materials that others call trash into what he called art. Now would I call it art? No, probably not, and Ellettsville didn't see it as art either. But beauty lies in the eye of the beholder, right?"

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Neither Ellettsville officials, Monroe Circuit Court Judge Geoffrey Bradley nor the Indiana Court of Appeals recognized the "beauty" of Lowers' land and additions, which resulted in a legal battle that Lowers lost.

After a 2021 bench trial, Bradley ordered Lowers to pay years' worth of $25-per-day ordinance violation fines that total $140,800. He also has to pay the town attorney's $8,765 legal bill. The judge said Lowers had years to comply with town codes but never did.

This past February, the appeals court upheld Bradley's ruling and the fines. "We cannot say … that the court improperly fined Lowers for subsequent ordinance violations. And we cannot say the imposed fines violated the statutory limits."

Bradley's order then went into effect. "Robert Lowers is hereby permanently enjoined and restrained from further violations of the Ellettsville Town Code," it said. "This injunction shall be construed so as to include the further constructing, adding, erecting, or assembling of any additions to his residence, house, or property without first obtaining the permits as required by the Ellettsville Town Code and from constructing or assembling any structures that violate setback requirements or exceed maximum height requirements."

The judge's order gave Lowers 30 days to modify or remove his existing structures to comply the town regulations. The ruling ordered Lowers "to immediately and permanently abate the conditions which violate the town code by removing from his property all junk, debris, construction materials, trash, vehicle parts, toys, tools, and other items not in functioning condition outside of his residence. This includes but is not limited to: fencing, concrete blocks, windows, vehicles in nonworking order, the boat, bicycles,mops, bicycle helmets and umbrellas.

"Robert Lowers has 30 days to clean up his property."

And if he didn't? The judge's ruling allows the town "to perform its own compliance and abatement activity on the Lowers property without need for additional notice to Robert Lowers and without seeking additional compliance and abatement authority or orders from the court for the same or similar violations."

That's what the town is doing. Ellettsville Planning Director Denise Line didn't return a call on Friday to confirm that town workers will return May 10 if the property concerns aren't addressed.

Lowers is working to transport what's left of his outdoor possessions to the Greene County site where he said he will eventually move. There are several years left on his contract to buy the Ellettsville house and land the town is clearing.

In a court document suggesting Judge Bradley find in favor of Lowers, his attorney explained his client's way of life.

"Lowers' work and additions to his property are extreme. His adherence to sustainable living philosophies and adherence to recycle, reuse and repurpose philosophies are admittedly conducted to what might be perceived to an extreme extent," Michael Carmin wrote.

"The attempt to regulate Lowers' use of his property is an attempt to regulate based on aesthetic concerns and considerations. Indiana law does not regulate property use based on mere aesthetic considerations."

Lowers said he has no choice but to move on. "They destroyed my property so bad, everything, saying this is all a public nuisance. I still can't believe it."

Contact H-T reporter Laura Lane at llane@heraldt.com or 812-318-5967.

This article originally appeared on The Herald-Times: Ellettsville gives Robert Lowers until May 10 to address property