CLINTON - A formal appeal has been filed by the residents of a Clinton subdivision seeking to overturn a rezoning decision by the DeWitt County Board that allowed a heavy machinery business to be zoned commercial.

Don and Ruth Harvey, residents of the Evans and Stone subdivision, oppose the rezoning classification and believe the DeWitt County Board misstepped in making the decision.

In May, the board approved the recommendation of the DeWitt County Planning Commission and Zoning Board of Appeals to rezone the property to commercial. The board agreed to investigate the cost of implementing a barrier between the two properties in an effort to solve a year-long dispute between some of the residents of the subdivision and Jesse Schmid, the owner of Schmidy's Machinery.

Commercial rezoning does not require a fence but the Harveys requested one, referencing a 1992 DeWitt County comprehensive plan that recommended a barrier between a commercial property and residential neighborhood.

The county board nixed the plan, citing preliminary bids of between $36,000 and $40,000. The Harveys then filed the appeal to overturn the rezoning decision.

"We had an agreement the county would pay for the cost of a barrier and if not, we would continue with the protest," Ruth Harvey said.

DeWitt County State's Attorney Jerry Johnson said the court will base its opinion on the procedures for rezoning the property.

"The circuit court judge will decide if everything was done correctly on the decision to rezone the property," Johnson said. "His decision will be to either reverse or uphold the rezoning decision."

In the complaint, the Harveys allege Schmid paid only $100 of a $200 filing fee, and that a boundary survey, plot plan and a name and address list of all property owners within 250 feet of the property were not filed.

The Harveys are represented by Decatur attorney Frank Byers. Schmid is represented by Clinton attorney Joe Taylor.

DeWitt County Board Chairman Steve Lobb said he understands the Harveys' dissatisfaction, but believes the county board followed the proper procedures.