An order to remove a house foundation in Hubbard's Annex on Mackinac Island has been extended to May 31, 2009, by 11th Circuit Court Judge William Carmody. He made the decision Wednesday, November 12, to allow the property owners time to arrange financing and to hire a contractor.

The case has been lingering in Circuit Court since October 20, 2006, when the city filed a complaint of blight and public nuisance over the new home being built by Len and Sue Webster. The Websters began building the foundation in 1999.

This year, on October 10, the city's attorney, Tom Evashevski, filed an order for specific abatement to the property, and the Websters were given seven days to object, which they did October 17. Judge Carmody originally ordered abatement by November 1, but told The St. Ignace News he moved the deadline to the end of May because the Websters had little time to prepare for "deconstruction" by the deadline.

"They have, all along, been trying to perfect the financing," said Judge Carmody. "By the time they got to that point, there was little to no window of opportunity" to begin the deconstruction process of finding a contractor, moving equipment to the Island, and finishing the project before the deadline.

The order also stated that all issues are resolved once the Websters meet the four courtordered requirements.

Requirements include:

1) Remove any and all structures or portions thereof which extend above natural grade of the property.

2) Remove any and all unnatural accumulations of soil, sand, gravel, rock, or other material extending above natural grade of the property.

3) Remove any and all building materials, rubbish, or debris from the property.

4) Restore vegetative cover to the lot.

The Websters began building a home nine years ago but construction has since stalled, with only the foundation being finished. The city began issuing warnings and citations and finally filed a lawsuit against the Websters after they failed to either continue construction or restore the property before an April 25, 2007, deadline.

The Websters have fenced the foundation but, according to Judge Carmody, have struggled to come up with finances to abate the property or to continue with the construction of the home. He added that the city has been more than patient with the Websters in this whole process.

"The city gave them as much latitude as they could give them, but they couldn't perfect the finances," he said.

Mr. Evashevski declined to comment on the issue and the Websters' attorney, Richard Bensigner of Gaylord, did not return telephone calls made by The St. Ignace News before presstime.