Fueding Neighbors Fence Off Public Road in Property Right Dispute

Wooden posts laced with barbed wire stretch down the center of Houston Avenue near Hudson

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Feud over fence in middle of Hudson road may go to trial
By Molly Moorhead, Times Staff Writer
Wednesday, February 10, 2010



NEW PORT RICHEY — The ongoing "fence in the street" dispute on Houston Avenue in Hudson is showing no sign of resolution.

The owners of a private landfill at the end of Houston have been locked in a legal feud with the owner of an adjacent timber grove involving property rights and trespassing accusations. The fight reached a peak in November when Barbara Ryals, DCH Timber owner, constructed a fence down the middle of Houston — on her property line — to keep Coastal Landfill's trucks off her land. Coastal objected, along with the neighbors on Houston who now have only one lane of access on that stretch of the road.

Ryals says that Coastal trucks have widened the road on her property and installed sprinklers, all without her permission. Coastal argues that they have easement rights to the road to get in and out of the landfill property. The neighbors says it's all a huge inconvenience.

Last week, Circuit Judge Lowell Bray denied a request from Coastal for a temporary injunction that would have required the fence to be removed.

And on Monday, the two sides held a mediation conference at Bray's urging, to try to find a resolution.

Mark Buell, DCH attorney, said the mediation failed and he doesn't expect there to be any further attempts.

Coastal attorney Shelly Johnson May could not be reached for comment.

So, for now at least, the fence remains. The issue likely will be set for trial.

Molly Moorhead can be reached at moorhead@sptimes.com or (727) 869-6245.






http://www.tampabay.com/news/courts/civil/article1072038.ece