The village of Mayville and the owner of a property village officials want to tear down will be in court today.

Ellen Shepherd of Warren, owner of 199 Sea Lion Drive, is asking state Supreme Court Justice Grace Hanlon for an extension of Hanlon’s previous order allowing the village to secure the property and, if repairs aren’t made, to demolish the house. Village officials have filed a cross-motion to demolish the property.

Shepherd filed a motion in early January seeking a 90-day extension to complete contract negotiations with individuals to provide a plan to repair the property at 199 Sea Lion Drive. She said in the filing that inclement weather since November has made travel difficult while illness in the family also made meeting face-to-face impractical. She also said village inspectors won’t allow Shepherd or her husband a permit or access to the house to allow the Shepherds to interview contractors.

“To that end the defendant humbly requests the court to allow it sufficient time to garner all resources to satisfy the village requests and that the court direct/issue the permit it needs, i.e. within a time frame unconstrained by inclement weather,” Shepherd said in her filing.

Dan Delkamp, village code enforcement officer, said in an affidavit filed in late January that his review of the property when it was secured in November showed no plumbing, furnishings or heating equipment as well as rot, missing floor joists and subpar construction.

Peter Clark, the attorney representing the village, said in his own affidavit that a building permit was supposed to have been obtained by Nov. 15, with construction starting 60 days later. He also said the time to appeal Hanlon’s October decision has expired.

“The defendant has failed to obtain the building permits and failed to follow the order,” Clark wrote. “Based upon the order, I am hereby ordering that the village of Mayville has permission to demolish the building located at 199 Sea Lion Drive and add the cost of the demolition to the tax rolls.”

In December 2023, the village took Shepherd to the state Supreme Court. At that time they noted there were 16 violations of the state Property Maintenance Code and another five violations of the state Fire Code. Violations included unsafe structures, sanitation, weeds, rodent harborage, exterior and interior structures, foundation walls, doors, and more. In June 2024 the state Supreme Court issued a ruling that permitted the village to go and secure the property.

A few days after Hanlon’s ruling, Shepherd filed a motion for reconsideration. Shepherd, who was representing herself in court, said in the motion she answered the complaint within 30 days as requested but had not received an order from the court confirming the court she missed.

Shepherd ended up being successful and a trial was scheduled.

She had the plywood removed but did not have any work done on the structure.

In October, a non-jury trial took place where state Supreme Court Justice Grace Hanlon ruled in favor of the village of Mayville

She gave Shepherd 30 days from Oct. 15 to apply for a building permit from the village of Mayville and 60 days to begin construction. The judge gave 120 days to complete construction and bring the property into compliance with local and state codes.