SPRINGVILLE — Families are shopping for Christmas trees in front of Dale Robertson's house this holiday season, as they have for 20 years.

This year, however, they can only look, not buy, until Robertson complies with a city ordinance and moves his operation to a commercial lot.

"We're letting customers put their names on the trees," said Robertson's wife, Christine.

Springville banned retail sales in residential neighborhoods in June 2002, and Robertson has been fighting City Hall ever since. He held a one-man protest outside a City Council meeting this week after police cited him for selling the trees in front of his home.

City officials say they have bent over backward to help the Christmas tree salesman. Robertson's competitor, Carl Jensen, also sold Yule trees from his front yard. The two offer the only holiday tree sales in Springville, officials say.

The City Council amended its ordinance in November 2002 to accommodate both businessmen for that year's Christmas season, city attorney Troy Fitzgerald said. That was to be the end of home-based sales.

This year the city offered to lease a parking lot to the two salesmen. Jensen accepted the city's offer and leased a lot for $750. Robertson was given the same opportunity but refused, City Manager Layne Long said.

"We wrote to both a year ago," Mayor Fritz Boyer said. "One complied but the other didn't."

Robertson believes the city ordinance should be amended to allow Christmas tree sales. He has gone before the City Council at least three times to get the ordinance changed but admitted he has never asked the city recorder to place him on the council agenda, a necessary step for the panel to take action.

Robertson presented a prepared ordinance amendment this week during the public comment portion of the City Council meeting, but the council refused to adopt it.

Officials said they would work with the Robertsons to obtain a business license and site approval when he picked a new location.

But Robertson doesn't see why he should have to move his operation.

"I have three acres and the house sits back quite a ways," Robertson told the Deseret Morning News. "I've had no trouble from the neighbors. They weren't complaining."

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Before Tuesday's meeting, he parked his vehicle and trailer on Main Street decked out with signs protesting the council action, then he stood nearby for hours holding a similar sign.

Police didn't consider Robertson's actions as picketing, which requires a permit. But a planned demonstration with high school students was apparently called off when police warned Robertson he lacked the permit, Springville Police Lt. Dave Caron said.

The Robertsons say they're looking for a commercial lot, though the move would result in increased tree prices.


E-MAIL: rhardy@desnews.com

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