Gehard Christ of New Ulm had a 232 hour trial Monday in Brown County Court over a $3 parking ticket.

Christ, 122 N. Washington, was one of the 400-plus car owners who got tagged Dec. 2 for parking on a street scheduled for emergency snow removal.

But where others complained to friends or city councilmen and ponied up their $3, Christ refused to pay.

So the city had to go to court to try to prove its case against him. The judge took the case under advisement after the trial.

‘If nobody challenges it, it’s not going to get changed.’

WHEN ASKED how much his lawyer’s fee will be for court time and preparation of a written brief ordered by the judge, Christ said,”It doesn’t matter. Principles before lawyers fees.”

Average attorney fees are $40 per hours.

“If nobody challenges it it’s not going to get changed.” Christ owner of Restaurant Eibner, said of the city snow removal ordinance.

He testified in court that his street was plowed two days before the snow emergency was declared and was not plowed the day of the declared snow emergency when his car was ticketed for being parked. His street was next plowed two days after he got the ticket, he said.

“IF IT DOESN’T need plowing they have no right to ticket anybody,” Christ said today. “In my case nothing existed that warranted a snow emergency so it shouldn’t have been invoked.”

His attorney, Pat Moriarty, said the city ordinance says snow emergency parking restrictions may be imposed when accumulated ice and snow present a danger to traffic.

“If there was no danger why did he get a ticket?” Moriarty asked.

THE CITY MANAGER was in court to testify about the ordinance and say he had notified the media of the parking restrictions, as required by the ordinance.

Don Madison of KNUJ radio testified on the number of times the parking restrictions were broadcast over the radio station.

Two police officers testified about enforcement of the parking restrictions.

JIM WALLACE, assistant city attorney, said Moriarty had raised a constitutional question about the ordinance. Wallace queried in court whether such a question could be raised without prior notice, saying such notice is now required under new court rules. Judge Edward Nierengarten directed both attorneys to file written briefs on this matter.

New Ulm Daily Journal

Feb. 3, 1976