City crews clearing waste from public land once claimed by city council candidate

Libby officials are busy cleaning up piles of waste and debris on public land off City Service Road, land that resident and candidate for city council Darrel “DC” Orr claimed as his in a dispute with nearby Montana Sky earlier this year.

City Manager Jim Hammons said the debris, which includes old tanks, vehicle parts, rusting barrels, concrete slabs and fencing, is in the process of getting catalogued and removed. The state Department of Environmental Quality, which received a complaint about the site Aug. 2, is pushing the city to clean up stored oil and grease on site, Hammons said while touring the land last week.

Officials learned the city owned the property only recently, Hammons said. The land, belonging to the municipality since 1974, according to county records, came to their attention after Orr’s alleged run-in with Montana Sky employees made the local newspapers earlier this year.

“We’re just cleaning it up,” Hammons said as city workers inspected the debris. “If we don’t clean it up, we could face liability.”

The dispute that brought the dumpsite to light occurred after Montana Sky employees had a camper belonging to Orr towed from company land, which abuts the property. Orr returned to the area on May 19 and allegedly tried to run down an employee walking in the road. She jumped out of the way, court documents said.

One witness at the scene recounted hearing her scream and seeing her dodge the pickup, according to court documents. Another saw the truck and recognized it as Orr’s vehicle, court documents said.

“I do believe that Darrel Orr’s driving caused [the victim] to be in fear for her safety,” Wrote Capt. Boyd White in an affidavit.

Still, Lincoln County Sheriff’s Office deputies referred the incident to the county attorney’s office for review. Prosecutors eventually charged Orr with felony assault with a weapon or, in the alternative, criminal endangerment. He has pleaded not guilty.

Meanwhile, Orr signed a criminal trespass warning, aimed at all employees of Montana Sky, for what he claimed as his property. Deputies served the warning — obtained by The Western News — to the victim.

But neither Orr nor his relatives have ever owned the property. The land originally belonged to Bonnie Remp, who brought it to her husband, Halstead Remp, in marriage. The Remps gave one section of the land to the city for a sewage disposal plant in June 1965. The section containing the dumpsite was sold to City Hall for $1 in 1974.

Asked whether he could explain the piles of discarded equipment and material, Orr said he could not when reached by telephone. He gave the same answer when asked if he could explain taking out a trespass warning for property he does not own.

“I can’t,” Orr said.

He declined to elaborate.

Fred Weber, Montana Sky owner, said garbage lay strewn across the area when he bought nearby property for his company. The dump piles on city property did not catch any attention until just recently, he said.

“I think it was just out of sight, out of mind so it overflowed one day and the incident where [Orr] had trouble keeping control of his emotions there … that’s what happened,” Weber said. “He should have just admitted he made a mistake and moved on instead of making a federal case out of it.”

As part of his criminal proceedings, Orr appeared in Lincoln County District Court most recently Aug. 23 for an omnibus hearing. His public defender anticipated a multiday jury trial. Were the case to go to trial, it would begin the week of Nov. 16, just days after the municipal election.

Orr is one of six candidates competing for three seats. Incumbent city councilors Gary Beach, Rob Dufficy and Kristin Smith are vying with Melissa Berke, Zachariah McNew and Orr for the spots on city council.

Under Montana law, an individual convicted of a felony cannot hold elected office until discharged from supervision. Assault with a weapon carries a maximum punishment of 20 years with the Montana State Prison and a $50,000 fine. Criminal endangerment is punishable with 10 years behind bars and a $50,000 fine.

As for the debris pile, Hammons said officials could pursue the individual behind the dumping. But that decision, which would be undertaken in conjunction with the city attorney, was down the road, he said.

As for a timeline for the cleanup, Hammons said the city was moving as quickly as it could, but public employees were stretched thin on other projects.

“You can’t just leave stuff on property,” he said. “We’re just trying to clean up what we can.”