UPSET PROPERTY OWNER PLANS TO SUE SANTA FOR USING BILLBOARD

GARY WITTENMYER SPRAYS A LAWN IN RIVERSIDE, CALIF., WITH TONS OF SHAVED ICE TO ADD `FLAVOR' TO CHRISTMAS.A woman who tried to have Santa Claus arrested for soliciting donations for the needy now says she will sue the jolly old elf unless he pays for the use of her vacant lot.

Tom Payne, the owner of several Jiffy Lube franchises in Montgomery, has dressed up in a Santa suit this week and stood on a billboard near downtown Montgomery to solicit funds for the Christmas Clearinghouse, which provides food, clothing and toys for needy families at Christmas.Judy Robertson, who owns the property on which the billboard is located, said she feels Jiffy Lube and the radio station sponsoring the promotion are taking advantage of her by using the billboard, which bears an advertisement for the station, without notifying her first.

She called police to arrest Payne Tuesday but officers refused. She said Friday she plans to file suit.

"Every Christmas I read about this junk and I had no idea somebody would come in and infringe on me with this Santa gimmick," Robertson said.