One of the toilet gardens owned by Frederick “Hank” Robar Sr. is seen on Market Street in Potsdam. (Provided photo — Christopher Lenney, Watertown Daily Times)

POTSDAM — The roughly 17-year fight over one man’s toilet gardens spread across the village was settled Wednesday.

Frederick “Hank” Robar Sr. filed a federal lawsuit against the village last August seeking no less than $7 million in damages as the village was again attempting to force him remove his toilet gardens.

But Jon Crain of Whiteman Osterman & Hanna LLP, Albany, the attorney representing Robar, confirmed Wednesday that the case has been settled.

Crain said Wednesday that mediation between Robar and the village occurred Tuesday in Schenectady. Robar, as well as village Administrator Gregory Thompson, traveled downstate for the mediation. Crain said a “settlement in principle” was reached Tuesday, meaning Robar doesn’t yet have a “fully executed” settlement agreement with the village.

Terms of the settlement have not been publicly disclosed, but Crain confirmed that as part of the settlement agreement, the village Board of Trustees is required to vote to approve the settlement, so terms should be made public at that time.

But, Crain added, “Hank is very happy with the settlement.”

April Laws of Johnson & Laws LLC, Clifton Park, the attorney representing the village, did not return request for comment Wednesday afternoon.

The porcelain gardens are placed at six of Robar’s seven properties across the village — 10 Pine St.; 79 Maple St.; 81-83 Maple St.; 85 Maple St.; 87 Maple St.; and 82-84 Market St. They’ve been a point of contention with village officials for nearly two decades.

Robar’s battle with the village began in 2004 when a buyer was interested in purchasing 82-84 Market St. — the corner of Market and Pleasant streets. The corner part of the lot had nothing on it at the time, but there was a home and detached garage Robar said the buyer would have knocked down to make room for a Dunkin’ Donuts coffee chain.

In order to build the coffee chain store, the property needed to be rezoned. He said he went to the village board seeking the zoning change, but was told no because of traffic concerns. That’s when it all started, Robar previously said.

The ongoing dispute came to a head in December 2018 when the village adopted its own junk storage law. The law stated that the accumulation or maintenance of “junk material” is prohibited in the village where people can see it while traveling on public streets.

Last summer, the village passed a resolution ordering Robar to remove his fixtures, in accordance with the junk storage law, by Sept. 1, 2020. But in late August, Robar filed his federal lawsuit against the village. He was seeking a preliminary and permanent injunction — asking that the judge prevent the village from removing any fixtures from his properties — and no less than $7 million in damages.

In his lawsuit, Robar alleged that the village’s junk storage law was adopted in retaliation of his political speech and artistic expression. He also alleged that the village violated his First Amendment rights to artistic expression and political protest, his 14th Amendment rights to equal protection and rights under the Visual Artists Rights Act of 1990.

The judge granted Robar’s injunction in September, and the case quietly moved into the discovery phase. But on Feb. 1, the village board unanimously voted to rescind its junk storage law, allowing the toilets to stay. The move left the fate of Robar’s suit in limbo.

But the case is now closed, and it appears the toilets can stay.