TOLNA – A Benson County resident who lost court battles two decades ago with state health authorities over his recycled tire fences is back in court, suing for defamation, administrative harassment, abuse of authority and violation of his constitutional rights.

Cornel “Cory” Christofferson, Tolna, who represents himself in the lawsuit, is suing the North Dakota Department of Environmental Quality. His complaint states he received permits in 1995 and 2000 to collect, store and utilize used tires for agricultural and environmental construction purposes on his rural property under a state code and federal policy recognizing beneficial use of materials that otherwise would be disposed of.

Christofferson states the agency, then known as the North Dakota Health Department, arbitrarily reversed its position in 2004 in informally reclassifying his fences as no longer a “beneficial use.” The department had cited mosquito proliferation and fire hazards.

Christofferson had constructed a number of miles of tire fence and says he experienced no incidents of environmental damage, fires or mosquito issues.

“The law is clear that when an agency grants a permit based on then-existing statutes and the permit holder complies in good faith, the agency cannot arbitrarily reverse course without due process or new factual findings,” the complaint states, citing previous court cases in that defense.

Christofferson argues the department’s change was not based on new facts or environmental events but reflected a political or bureaucratic shift that lacked due process. He also argues an administrative hearing on the matter did not provide him with an effective opportunity to refute false allegations related to his fences. He ultimately appealed and lost at the North Dakota Supreme Court, which he stated was due to a biased and misleading record submitted by the health department.

Another administrative hearing in 2006 that landed before the state Supreme Court also went against Christofferson, who cited procedural constraints governing appellate review that interfered with his defense.

“This episode exemplifies the systemic disadvantage Plaintiff faced when confronted with state power, reinforcing the necessity of judicial scrutiny in the present civil action,” he wrote.

His complaint states the tire recycling is consistent with the Environmental Protection Agency’s waste reduction strategy. The fences control livestock, prevent soil erosion and discourage illegal dumping.

“Far from being a threat, these structures serve as a public good and reflect the kind of private-sector environmental leadership the EPA and states like North Dakota should reward,” he said. Instead, he said the health department has waged a campaign of ongoing abuse of its regulatory power, prompted not by environmental concerns but by “bureaucratic hostility and misinformation.”

He added the department lacks records supporting its statements related to complaints from neighbors about property devaluation, labeling the department’s statements as defamation.

He lists 32 property owners from Tolna, Warwick, Tokio and Crary, whom he said are prepared to provide sworn affidavits in support of his claims.

The Department of Environmental Quality had no comment and has not yet filed a response to the lawsuit, which was just filed on Aug. 13.

Christofferson alleges personal harm in the form of denials of financial services, loss of professional and personal relationships and ongoing emotional trauma.

The lawsuit seeks an order requiring the department to cease all ongoing legal, regulatory or administrative actions related to the tire fences and retract and correct defamatory statements and records. It seeks damages of $6 million or an amount determined by a jury, along with punitive damages and court costs.