End nears for Marblehead home dispute

MARBLEHEAD – After 15 years in court, Wayne Johnson, 72, has to remove his $1.1 million home from the lot at 74 Bubier Road or face contempt of court charges.Land Court Judge Charles Trombly Jr.’s order Thursday gave Johnson until Oct. 4 to avoid civil contempt proceedings in the case, in which Johnson’s next-door neighbor, John Schey, has sought the removal of Johnson’s illegal house. Schey says Johnson’s house keeps his house constantly in shadow and blocks his view of the ocean.Marblehead Building Commissioner Robert Ives issued a May 25 order instructing Johnson to remove the house “immediately.” When Johnson appealed the order and questioned the legal definition of “immediately,” Ives threatened to go forward with criminal charges or a Superior Court injunction to force Johnson to remove the house if the Land Court failed to set a deadline.Judge Trombly did not set a deadline for the house to be removed but he said it had to be removed “immediately,” and said contempt charges could be filed if the house is still on the lot on Oct. 4.”Johnson contends that he is making his best efforts to remove the structure and ? the court cannot ? add a date without leave from the Appeals Court because he has already appealed the decision,” the judge wrote.”Given the factual circumstances of this case, the court feels compelled to ? order the defendant ? to remove the structure from the property immediately.”The judge pointed out that Black’s Law Dictionary defines the word “immediately” as “without delay.”Johnson has claimed that he is seeking a new lot for the house, pricing demolition and relocation and seeking a loan to cover the cost involved as evidence that he was complying with Ives’s order.”(Johnson) has been on notice for an entire decade,” the judge wrote. “(H)e has had ample time to prepare a contingency plan ? (His) excuses for not having removed the structure appear to be ? delay.””At this late stage ? (i)mmediate compliance is the only option.”Attorney Michael Pill, who represents Johnson, said, “The Scheys should be ashamed of themselves. They are acting like vindictive children. This house completely complies with the zoning bylaw on their side of the property. What reason could they have to turn their neighbor’s property into their private park?”Pill said he, Attorney Charles LeRay and Johnson plan to confer soon to see if any other legal recourse is open to them. The Appeals Court is unlikely to act before Oct. 4, but “Mr. Johnson remains ready to settle this dispute with the Scheys.”