Jason Orenstein Of Silver Spring, Md., Turns Fallen Tree Into Patriotic Statue

9:59 PM, Feb 21, 2012   |    comments
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  • Art Or Trash? Homeowner Turns Fallen Tree Into Statue
  • Art Or Trash? Homeowner Turns Fallen Tree Into Statue
  • Art Or Trash? Homeowner Turns Fallen Tree Into Statue
    

 

SILVER SPRING, Md. (WUSA) -- A Silver Spring homeowner is coming under fire for trying to turn a fallen tree into massive statue in his front yard. The 400-year old tree came crashing down during a strong storm two summers ago.

"I've lived here my entire life, for 43-years," said the homeowner, Jason Orenstein. "This is the tree that I used to sit under when I young."

So Jason Orenstein hired a different Jason - Jason Swain - to turn it into a work of art.

"I'm sculpting a majestic eagle coming coming into land on a branch," said Jason Swain of Billabong Art Studios.

"I'm trying to do something that's patriotic," said Orenstein. "I want to make this a commemorative that honors our country and our soldiers."

Swain has been working on the eleven-foot tall, 7,500 pound statue for the last six weeks. But Orenstein has been getting grief from the county since November, and he's got the paperwork to prove it. A county housing inspector cited them for failure to remove solid waste from their property.

"My artwork has been called a lot of things, but it's never been called rubbish which is what Montgomery County says it was," said Swain.

The neighborhood's homeowners association and Vietnam Veteran's of America both support the project. Yet, Orenstein says he and his family were threatened with a court date and fines of up to $750 a day.

"This is a case of a government official who is abusing his power and misreading what the law was intended for, which is you shouldn't have rubbish in your yard. This is not rubbish," said Orenstein.

The county claims they never received a copy of the contract between Jason the homeowner and Jason the artist, which was needed to prove that the remaining portion of the tree wasn't "solid waste."

"No such proof of a contract/agreement was received and on January 6, 2012 the homeowner was issued a civil citation," said a Montgomery County Public Information Officer in a statement emailed Tuesday. "A court date was scheduled for February 28, 2012 at which time the judge will make a determination and find the homeowner guilty or not guilty."

Orenstein showed 9 NEWS Now a faxed receipt of that contract sent to the county on December 7th, 2011. But the county claims they received it today, just a few hours after they were contacted by 9 NEWS Now.

"Since I spoke to you (the reporter, Kristin Fisher) this morning, we have received correspondence from the property owner indicating that the remaining standing tree section will be converted into a piece of carved art work which should take 3 months once the cutting has begun. The artist doing the work is Jason Swain with Billabong Art Studios. We are dismissing the citation," said the Montgomery County Public Information Officer.

Finally, after four months of stress and legal fees, the citation has been dismissed and the Orensteins are free to proceed with the statue.

"To me it's shocking that back in December when we sent them the contract, they didn't read it," said Orenstein. "But as soon as there's a news crew out, evidently they learn to read."

As of Tuesday evening, the county had yet to notify Orenstein or his attorney that the citation had been dismissed. Swain says the statue should be complete by mid-March.