Daniel Banyai, owner of the Slate Ridge paramilitary training facility in West Pawlet, speaks with his attorney Robert Kaplan during his contempt hearing in Environmental Court in Rutland on Friday, November 4, 2022. Photo by Glenn Russell/VTDigger

An attorney for Daniel Banyai, the owner of Slate Ridge, has asked the state Environmental Court to press pause on Banyaiโ€™s pending arrest while he appeals the courtโ€™s decision to the Vermont Supreme Court.ย 

Slate Ridge, a paramilitary training facility that invited militia groups to train on its grounds in West Pawlet, has been the subject of local outrage, statewide controversy and national media attention. 

The July 19 filing marked the latest in a yearslong back-and-forth between Banyai and officials in the town of Pawlet over the facilityโ€™s zoning violations. The matter seemed to culminate earlier this month when Judge Thomas Durkin issued an arrest warrant, declaring that Banyai was in contempt of a March 2021 court order that required him to dismantle unpermitted structures on his property. Banyai had amassed fines totalling more than $100,000.

The warrant was issued on July 6, but Banyai has not yet been arrested. The stay, if granted, would kick off a new process that would further delay Banyaiโ€™s arrest. 

At first, a disagreement between Rutland County Sheriff David Fox and the town of Pawlet appeared to hinder the effort to arrest Banyai. 

On July 10, Michael Beecher, chair of the Pawlet Selectboard, penned a letter to Fox addressing the sheriffโ€™s initial response to the townโ€™s mandate that he arrest Banyai โ€” that the sheriff didnโ€™t have a contract with Pawlet and therefore couldnโ€™t carry out the task. 

In the letter, obtained by VTDigger, Beecher countered that the town was within the sheriffโ€™s jurisdiction. 

โ€œThe Town of Pawlet has and will continue to accrue damages in the form of attorneysโ€™ fees required to seek enforcement of the lawful writ that you have refused to execute,โ€ Beecher wrote. โ€œThe Town asks that you promptly confirm that you will follow the law, as required.โ€

More recently, the sheriff has been making attempts to arrest Banyai, according to the Bennington Banner. Fox did not respond to multiple requests for comment from VTDigger on Tuesday. 

Now, the issue may be complicated by Banyaiโ€™s pending request for a stay on his arrest. 

In the court filing, which asks the Environmental Division of the Vermont Superior Court to stop the arrest order until the state Supreme Court reviews the appeal, Robert Kaplan, Banyaiโ€™s attorney, argued that the arrest order is not proportionate to Banyaiโ€™s civil offense. 

While Banyaiโ€™s zoning violations are a civil matter, his continued violation of his court orders allowed the judge to order his imprisonment. Kaplan argues that judges use civil contempt penalties โ€œto coerce the defendant to do some act ordered by the court for the benefit or advantage of the opposite party.โ€ Accordingly, the person under court orders is commonly thought to hold โ€œthe keys to the jailโ€ because he can be freed as soon as he cures the violation. 

But Kaplan argues that the environmental court order is โ€œpunitive as opposed to coerciveโ€ because, along with Banyaiโ€™s imprisonment, the judge issued a fine of $100,600 that continues to rise by $200 every day until Banyai removes the unpermitted structures on his property. 

โ€œDefendant cannot coordinate the removal of structures while incarcerated nor will he be able to afford the cost to pay others to complete such removalโ€ due to the courtโ€™s fine, Kaplan wrote. Instead, the town could enter the property and bring it into compliance with the court order while Banyai was in jail, which would โ€œprovide the Town, not Defendant, with the โ€˜keys to the jail,โ€™โ€ Kaplan wrote. 

Kaplan also argues that Banyai has mostly come into compliance with the court order. 

โ€œMr. Banyai has effected substantial complaince (sic) with Environmental Court’s enforcement order and he expects the issue of compliance to be resolved shortly,โ€ Kaplan wrote in an email to VTDigger on Tuesday. 

In June, when town officials arrived at Banyaiโ€™s property to assess whether he had complied with a court-ordered schedule to remove the structures on his property, Banyai didnโ€™t show.

In a reply motion, Merrill Bent, the attorney for the town of Pawlet, argued that the court should not grant Banyaiโ€™s request for a stay. 

Banyai โ€œshould not be able to raise his own noncompliance as a shield,โ€ Bent wrote. โ€œHe has been well aware of the consequences for his failure to act. The Court has warned him, repeatedly and clearly, and has created numerous โ€˜off-rampsโ€™ for Defendant to comply so that he could avoid the sanctions he now faces.โ€

Banyaiโ€™s appeal has not yet been processed by the state Supreme Court.

VTDigger's senior editor.