By Dave Thompson
Bismarck, ND – A Tolna man says his fence -- which is made up of 300-thousand used tires -- is not "sham recycling."
Cory Christofferson is appealing a decision by the state Health Department that the fence needs to be removed. He appeared before the North Dakota Supreme Court to make his case. And he appeared without a lawyer.
Christofferson told the court the tire fence is better than many other types of fences -- he says it acts as a windbreak, and keeps his animals in the yard. Christofferson says it's also a tourist attraction.
"They continuously say this is sham recycling," Christofferson told the court. "I'm hoping some common sense will prevail. Why -- when all I have to do is get a permit, dig a hole and throw those tires in it, would I go through the trouble of building eight miles of fence over ten years to pretend I'm recycling? It's ludicrous."
The Health Department argues that waste tires are mosquito and rodent breeding grounds -- and that Christofferson doesn't have a plan for fire suppression.
"They're actually a blight," said Assistant attorney general Dean Haas. "Lots of people have complained to the Department that it's ruining their land values out here."
Haas said Christofferson does not have a plan for mosquito or rodent control, or a plan in case of fire.
The Supreme Court will rule later.