Accompanied by an attorney and a surveyor he had hired, salvage yard owner Daniel King, rural Peabody, convinced Marion County commissioners Monday to reconsider their timetable for having him comply with zoning regulations.

King had been directed to develop appropriate screening between his salvage yard and the county road that runs past it.

King has contended that the county road in question encroaches on his property. That, plus a wet winter season, have complicated efforts he has made to bring the property into compliance.

King said the narrow right of ways that were granted years ago, plus years of inadequate road maintenance by the county along Kanza Road and in the area of 120th, led to erosion issues that have caused the path of the road to migrate to the east and put him out of compliance.

King, who said he has already spent some $2,000 in materials and fees to rectify the situation, said he was frustrated that the county hadn’t come out to survey the road to verify the truth of his claims.

By pressuring him to make changes without verifying the situation, he said the county had deprived him of his constitutional right to due process.

“I’m willing to work with you, but I don’t appreciate being ambushed,” he said.

After listening to King, his attorney Jay Sizemore, and the surveyor he had hired, Kerry McCoy of Garber Surveying Service of Hutchinson, the commissioners agreed they needed to send an engineer to the area to determine the best course of action.

King, who said he has 40 years of construction experience and operates his own earth-moving equipment, said he would continue with his plans to build a barrier fence along the east side of the road, and plant cedar trees between it and the road to provide an additional buffer.

He asked that the commissioners understand that weather will play a major factor on how quickly the entire project can be completed.

In other business, the commissioners:

• Passed Resolution 2008-04 to grant a conditional-use permit for the construction of a cell-phone tower west of Remington Road and U.S. Highway 56. The tower will have the capacity to serve up to five cell-phone service providers.

• Heard from Bobbi Strait, Planning and Zoning and Environmental Health director, that she is expecting to hear this week about a grant application she submitted. The funds would be used to purchase a new computer system large enough to accommodate mapping programs and files her work requires.

• Heard from Tina Spencer, deputy county clerk, that the county had $2,879,244 in cash on hand and the Road & Bridge Department had $1,569,9823.

• Heard from Spencer that two routine pay raises were granted: one for Rose Funk, deputy treasurer, following six months of employment, and the other for Brian Nuss after one year of employment with the Noxious Weed Department. Spencer also reported the resignation of Linda Brewer and the hiring of Becky Chrisjohn within the Noxious Weed Depart­ment.

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