Fracas over fence in DuPage Co. leads to charges

Nearly a month after a dispute between neighbors over a poorly built fence erupted into a fistfight, the two brothers who put up the fence have been charged with battery and trespassing.

The fight occurred Aug. 30, but authorities didn't charge 28-year-old Tony Fiasche and his 24-year-old brother Simon until late last week. According to court papers filed Thursday, the Glen Ellyn brothers are accused of "punching and kicking" Don Daniszewski during the melee.

Daniszewski said he still suffers hearing loss and had to be treated at a hospital that night.

Tony Fiasche said his brother suffered a concussion and was hospitalized for two days. He also claims Daniszewski instigated the fracas, but Daniszewski was not charged.

This is the latest development in an ongoing saga between the neighbors that has already generated two other court cases. The trouble started several months ago when Daniszewski complained to DuPage County officials that Tony Fiasche was illegally draining wetlands onto Daniszewski's property near Lombard. Fiasche said he was trying to clean a pond of debris that had been dumped in there before he purchased the land. He was cited by the county for the violation and ordered to restore the wetlands.

Tony Fiasche uses the south half of his property that fronts North Avenue just west of Swift Road to store work equipment. Part of the parcel is zoned commercially and part is zoned for residential use. He is attempting to get some of the residential portion rezoned commercially.

Because of the problems Tony Fiasche was having with Daniszewski, Fiasche said he built an 8-foot-high fence along the property line to keep his neighbors off his property.

Daniszewski once again complained to county officials about the fence's height and the fact that the side facing his property featured hundreds of nail points sticking through, creating a hazard.

Daniszewski's girlfriend Barb MacMillan injured herself on the fence in early August when she fell while gardening and scraped herself on the barbs sticking through the fence. She sued Tony Fiasche for negligence.

When Simon Fiasche showed up a couple of days later to shear off the nail points, MacMillan ordered him off her property. He refused and was arrested for trespassing.

The fight occurred a couple of days after Simon Fiasche's arrest, when workers were trying to remove the barbs again. The two sides had been feuding throughout the day and had already called sheriff's deputies to the property twice before the fight erupted.

Simon Fiasche was in court Monday morning on the original trespassing charges, but refused to comment about his latest legal woes. His attorney, Pat Weiland, said he is representing both brothers and expects both of Simon Fiasche's criminal cases to eventually be combined.

"Not to get into this, but I expect both of them to be cleared of all charges when this goes to trial," Weiland said.

Last week, the county board rejected Tony Fiasche's request to keep his fence at eight feet. He is required to reduce the height by two feet by Oct. 24 or face fines.

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