News

Jun 27, 2023

Banyai claims Pawlet property now in full compliance with court order

WEST PAWLET — Daniel Banyai, the owner of a controversial property that was used as a paramilitary training facility, filed a new affidavit late Friday afternoon claiming to have completely adhered to

WEST PAWLET — Daniel Banyai, the owner of a controversial property that was used as a paramilitary training facility, filed a new affidavit late Friday afternoon claiming to have completely adhered to a judge’s court order by destroying or removing several buildings, structures and berms surrounding two firearms ranges on his West Pawlet property.

Banyai, through his attorney Robert Kaplan, also filed a new motion the same day, asking the judge that ordered his arrest to rescind that order and purge all other civil contempt sanctions against him. Those fines grow daily and currently exceed $100,000.

The notarized affidavit signed by Banyai included several photographs of his property, both before and after the claimed destruction and removal of several structures, including a silo, two berms around different shooting ranges, a façade, shipping containers, stage platforms, and a school building.

In one of the photographs, Banyai stands next to a bulldozer near the remains of a small building with an extended outdoor staircase, windows, a climbing platform ladder, and a large American flag. Another shows the alleged structure before being demolished. Other photographs show what looks like workers dismantling structures and construction debris on the ground.

In the affidavit, Banyai affirms Judge Thomas Durkin’s March 5 court order and states he removed many of the structures by the end of March. He then affirms the remaining items in the court order, including the school building and ranges, were “fully deconstructed” as of July 26. Banyai also states that both firearms ranges and the berms surrounding them have been fully restored to their natural landscape and that any building materials have also been removed.

The motion to purge Banyai’s civil contempt sanctions, which include his arrest warrant and numerous ongoing fines, asks the court to remove all penalties on the grounds that civil — as opposed to criminal — penalties, are meant to “coerce” compliance with a pre-existing court order.

“Civil contempt penalties are assessed to coerce the defendant to do some act ordered by the court,” the motion explains. “Such fines or sanctions must be capable of being avoided by defendants through adherence to the court’s order.”

The motion states that Banyai has brought the subject property into compliance, and that upon compliance, the judgment order expressly nullifies the arrest warrant and daily accrual of fines. It asks the court to immediately vacate his arrest warrant and all accrued fines, and vacate any order appointing the Town of Pawlet to enter Banyai’s property to bring it into compliance.

Finally, the motion finally asks that the court “Grant such other and further relief as this court deems necessary, just, and equitable.”

Banyai, his neighbors, and the Town of Pawlet have been fighting over the use of the property since early 2017. Slate Ridge, the controversial paramilitary training facility and gun range that Banyai operated on his property and posted about publicly on social media for years, captured local and national media attention when Banyai invited local militia groups to train there, and allegedly harassed and threatened neighbors and local government officials after complaints about the facility started to surface.

After a long, drawn-out fight with the town, Banyai was found to be in contempt of court in March for ignoring court orders to take down the facility and allow the town to inspect the property. An arrest warrant was then issued ordering Banyai’s arrest.

That arrest never happened, as the authority tasked with making the arrest, Rutland Sheriff David Fox, at first refused to arrest Banyai and then claimed not to be able to locate him or negotiate his surrender.

Two weeks ago, Banyai appealed the judge’s decision to the Vermont Supreme Court and filed an appeal with the federal court system to dismiss the case.

Attempts to reach the Town of Pawlet’s legal representative, Merrill Bent, for her reaction to Banyai’s motion and affidavit were unsuccessful. An email to Bayani’s attorney was also left unreturned as of press time.

It is unclear at this point whether Bayani will allow the town to enter his property to verify that the buildings and structures are no longer there, or whether the Town of Pawlet or Durkin will be satisfied with the half-dozen photographs Banyai released in the affidavit. It is also unclear whether Durkin or another court will grant the motion to purge the fines and vacate his arrest warrant. In an earlier filing, Durkin stated that the contempt fines are “unpurgable.”

As of now, Banyai is still subject to arrest at any time.

Banyai, after being reached at his Slate Ridge phone number, hung up the phone when asked for further comment on the filing.