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Man’s stay on tower protests court decision
By Peggy Blackburn - Managing Editor
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Wayne Spires has remained on the CB tower on his property since Monday at 1 p.m. -- Herald Photo/Peggy Blackburn
Wayne Spires has started the new year with more than a resolution. Monday, the 61-year-old resident of River Falls subdivision in the Wallsboro area ascended about two-thirds of the distance up a 68-foot radio tower on his property. Despite thunderstorms, he was still there Friday afternoon.
Spires said his stay on the CB rig is a protest against a judge’s ruling in favor of the River Falls Homeowners Association n a ruling which places a lien against his property and that of four others.
The judgment was made that Spires and the other defendants n Edward Abernathy Jr., Johnny Bass, Sherri Mummey and Christopher Scott n are obligated to pay a $1,500 assessment for road improvements and maintenance.
“There wasn’t a homeowners association when I bought the property in 1990,” Spires said. “There was a landowners association, but that’s all.
“The judge said there wasn’t any difference between the two, but anybody can see that homes and land are different things,” he added.
Spires said he won’t come down from the tower until he receives “justice.”
A total of 54 lots comprise the rural subdivision, located a stone’s throw east of the Coosa River, slightly north of Wetumpka.
Dr. Mark Hayden owns nearly 40 of the lots, and said he borrowed money to pay the assessment on each.
“I had to borrow about $50,000, but I wanted to make the neighborhood better,” Hayden said. “Everybody paid except those five.”
Charles W. Parrott, president of the homeowners association said no one set out to harm Spires.
“He was offered every opportunity to pay his fair share,” said Parrott. “He could even have paid it over a 12-month period.
“The judge ruled that it was within the rights of the homeowners association to assess the fee, but Mr. Spires seems to think he’s above the law,” Parrott added. “We just want this to be a better place.”
Spires said he believes the assessment aimed at driving him off his property.
“This is putting extreme hardship on my family, and they know it,” he said.
Spires will need to descend from the tower no later than Feb. 5 for another day in court.
The pending case will address whether Spires is breaking another covenant by having more than one mobile home on his lot.
“The plat says there aren’t any restrictions on it,” said Spires.
Hayden disagrees.
“The warranty deed says you have to be a member of the homeowners association, and the covenants of the association say there can only be one trailer on a lot,” said Hayden. “He has three on there right now.”
Spires sleeps on a platform mounted on the side of the tower, and is fasting during the time he remains there.
Justin Taylor wrote on Jun 11, 2008 6:24 PM:
I thought this was America, Dr. Hayden, not a socialist play thing for the wealthy. "