Residents in the Carriage Homes area in southwest Austin came out in droves during a Thursday sentencing.

District Judge Donald E. Rysavy sentenced developer John Arkell and his Carriage Homes, Inc. business Thursday in Mower County Third Judicial District Court.

In finding Arkell and Carriage Homes, Inc. guilty of violating the zoning ordinance, both the defendant and the corporation were fined $1,000 each.

The defendant's attorney, Richard A. Beens, immediately announce the sentence will be appealed.

"Yes, we're happy with the judge's decision," said Jaye Adams, spokesperson for the association of townhome owners.

"It's a good start and we'll be interested in what the restitution hearing has in store for us," said the vice president of the association's board of directors.

Arkell and his corporation were accused of a misdemeanor in violating the uniform building code. Judge Rysavy handed down a guilty verdict after a trial a year ago.

At Thursday's sentencing, the courtroom was packed with Carriage Homes, Inc. townhome owners

Attorney Lee Bjorndal of the Baudler, Baudler, Maus & Blahnik firm prosecuted the case for the city of Austin. The Austin law firm is the new city attorneys of record for Austin.

Despite the misdemeanor status of the crime, Bjorndal told Judge Rysavy, "Drainage in a new housing development is very important and I think it is a serious matter."

The 38 townhome owners were placed at risk because of health and safety issues, when faulty drainage work allowed water to seep into basements, ruin foundations and destroy lawns.

Bjorndal asked the court to fine the plaintiffs $1,000, 90 days in jail/prison and restitution ranging from $186,000 to $238,000.

Bjorndal quoted from a 1997 letter from the developer to Austin city officials and prior to approval of the plans for the development off 16th Avenue Southwest.

Beens, an attorney with the Minneapolis firm of Felhaber, Larson, Fenlon & Vogt, disputed the assertion that Arkell and his business bore corporate responsibility. That, Beens said is reserve for environmental cases.

Beens promised the court his motion to appeal the guilty verdict would be filed immediately.

The defendant had no comment.

Judge Rysavy handed down the sentence after noting he would accept any motion for appeal and schedule a restitution hearing as soon as the court calendar allows.

Arkell was sentenced to 90 days in jail with 80 days stayed as well as the fine depending upon the restitution hearing's results and the success at paying any restitution ordered.

Attorney Beens said his next priority will be to file the appeal. He asserted his belief a second time Thursday, that corporate responsibility in such a case does not extend from an individual to the officers of a corporation.

Bjorndal said, "Judge Rysavy handled the case in an appropriate matter."

He also reaffirmed that corporation officers can no longer "hide behind the corporate name," when courts decide the responsibility for criminal actions. "That's not good enough anymore," Bjorndal said.