Jeffrey M. Witt, the St. Charles-based attorney representing William M. Hazelbaker, said his client has requested a jury trial in Warren County Associate Court in connection with two ordinance violations he received concerning tall weeds on the property where he is seeking to erect the billboard. "Our contention is that the city is simply out to get this guy (Hazelbaker)," Witt said. "The city issued two citations against him for not cutting his grass. The property is in a floodplain and according to the Corps of Engineers regulations, he's not allowed to cut the grass. My client feels like he's being singled out. He's willing to (go to trial) over an ordinance that carries a $50 fine." Witt said that his client is not going to settle or "go away" with respect to the ordinance violations or in a separate lawsuit he filed against Marthasville in March on behalf of Ashley 61596, LLC, a limited partnership, that is seeking to erect a billboard on a 5-acre parcel of land it owns in the Parkland area just off Highway 47. Hazelbaker is one of the partners in Ashley 61596, LLC. That lawsuit, currently pending in federal court, alleges Marthasville violated state law when it passed a sign ordinance regulating billboards in May of 2008. It also alleges other constitutional violations. It is similar to an earlier lawsuit brought by Ashley 61596, LLC, against the city in 2006 after the city denied the partnership a billboard permit. According to the lawsuit, the Marthasville Board of Aldermen denied the request because it didn't conform to the requirements in its existing billboard ordinance and after nearby property owners voiced opposition. The lawsuit is similar to an earlier action filed by Ashley 61596, LLC, against the city in 2006 which was later dismissed according to Keith Henson, an attorney representing Marthasville in the case. "It's essentially the same lawsuit as the one they filed previously which was dismissed. It's been removed to federal court because he's raised some claims under the U.S. Constitution. We believe the city's billboard ordinance is constitutional and that the city of Marthasville has followed the law," Henson said Tuesday. Hazelbaker filed another lawsuit in 2006 against the city and its police chief, Eugene Jenkins, following an incident at a November 2005 board meeting where Hazelbaker claimed he was wrongfully detained. Hazelbaker was at the meeting requesting a floodplain permit which the board granted. He alleged he was arrested and detained immediately after the meeting by Jenkins when he failed to produce his drivers license. The city eventually settled the case for $8,000. As part of the settlement, Jenkins was suspended for 30 days. Witt contends that Marthasville did not follow Missouri law in passing its latest sign ordinance and that the ordinance itself is over-restrictive. He said his client feels it was passed specifically to thwart his efforts to erect the billboard. "I'm surprised the city hasn't asked to buy back his property just to get him (Hazelbaker) out of town. But my client isn't going away. He is prepared to pursue other legal action against the city when all of this is done," Witt added. Witt also questioned why his client was cited for the ordinance violation concerning tall grass on his property while the other principals in Ashley 61596, LLC, were not. "The issue I have is that the property in question is owned by a legal entity and my guy is the only one issued a ticket," Witt said. "They were able to identify my (client) and not the other owners. It's the same Gene Jenkins who issued the ticket. My client feels the city is targeting him." Chris Graville, Marthasville city attorney, said the city does not "target" anyone in terms of ordinance violations. "The city's goal any time we have a nuisance issue is to bring the person or party in compliance with the ordinance. This has nothing to do with Mr. Hazelbaker. It's his right to ask for a jury trial but it doesn't change his liability concerning the weeds," Graville explained.