A local business owner is being sued by the City of Monroeville because the city alleges he has not complied with its landscaping ordinance and building codes and is operating the business without a license.

James Maughon of Goodway said he refuses to plant six trees around the ice-vending machine he owns in Monroeville because there were no trees on the lot when the machine was installed and the machine is actually a vending machine and therefore not subject to the city’s landscaping ordinance. The machine, which Maughon says is unmanned, is located between a car wash and laundry mat that Maughon owns and Sugar Canes (formerly Dairy Queen) on State Highway 21 South.

“I have a three-acre lot there and there’s at least 150 trees on those three acres,” he said. “I had the machine installed on the vacant lot and there were no trees there when it was installed.”

He said the machine was manufactured in Georgia and was installed in 2006. He said shortly afterwards he was informed by Bob Crawford, the city’s compliance officer, that a city ordinance requires him to landscape the lot around the perimeter of the building and that the Monroeville Tree Board recommended he plant six trees around the building’s perimeter.

“I said if I planted trees around the perimeter it would block out my advertising, which is on the building,” said Maughon. “So, then he said the Tree Board said I could plant the six trees at the back of the building.”

Maughon has been in business for over 35 years. He operated Maughon’s TV Service for a number of years in Frisco City. He presently owns two car washes and two laundry mats and an ice-vending machine in Monroeville, and dry cleaners, car washes and laundry mats in Excel and Frisco City.

“I’ve been paying city sales tax monthly for the past two years to the city from that business and the city hasn’t refused a payment yet,” he said.

He said he attempted to purchase a business license for the ice machine in 2006, but was not allowed to because he would not plant the trees. He said his business was approved by the Monroeville Planning Commission and has passed state inspections.

Crawford said, the business was approved the Planning Commission contingent on it meeting all the requirements of the city’s landscaping ordinances and building codes.

He said Maughon cannot legally purchase a license until he meets all those requirements. He said Maughon did not purchase a building permit before the modular building was installed. He said when he inspected the building so the electricity could be turned on he issued Maughon a building permit on site with the understanding that he would comply with city’s landscaping ordinance.

According to the suit, Maughon is accused of failing to submit a landscape plan for approval, refusing to meet minimum landscaping requirements, failing to obtain a building permit, failing to obtain a certificate of occupancy, and continuing to sell ice without a business license.

In the suit, the city asks the court to issue a permanent injunction to prevent Maughon from continuing to operate the business without first complying with the city ordinances. The city also asks the court to order Maughon to pay court costs and further relief as might be appropriate.

District Judge George Elbrecht asked to be recused from presiding over the case because he has a long-standing friendship with Maughon, according to Maughon. Circuit Court Judge Dawn Hare has recused herself from the case because her husband, Chipper Hare, is representing the city.

Conecuh County District Judge Jeff Brock has been assigned the case that will be tried in Circuit Court in Monroe County. A trial date had not been set as of yesterday (Wednesday) morning. The suit was filed April 9.