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Updated: 9:18 PM Jun 10, 2009
Holmes County Lawsuit
What started as a dispute between two neighbors has turned into a lawsuit involving the American Civil Liberties Union, the American Center for Law and Justice, and Holmes County.
Posted: 9:18 PM Jun 10, 2009Reporter: Vanessa Nguyen Email Address: vanessa.nguyen@wjhg.com Holmes County Road on Private Property Draws ACLU Lawsuit
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What started as a dispute between two neighbors has turned into a lawsuit involving the American Civil Liberties Union, the American Center for Law and Justice, and Holmes County.
At issue is a two lane trail in Caryville that the county turned-into a 30-foot wide dirt road.
One property owner claims the county illegally took his land to widen the road for the neighbor next door.
This dirt road was once only 12 feet wide.
But now it's at least twice the size of it.
It runs between two properties, one owned by Daniel Stone, the other by Kenzie Harris.
Back in 2006, Stone's fiancee filed a complaint against one of Harris' house guests, for allegedly speeding down the 2-lane trail.
And Stone claims that's when the problems started.
He claims Harris asked his friend, Holmes County Commissioner Jim King, to grade and widen the small access trail into a full-blown road.
So Stone is suing the county, with the help of the ACLU and the American Center for Law and Justice.
"The result of the abuse of power is the taking of Mr. Stone's land and the destruction of his property. And the ACLU is fighting this with as much vigor as we do with other abuses of government power," says ACLU Attorney Benjamin Stevenson.
Stone not only claims Holmes County officials illegally took his property, he also says county road workers tore down trees and damaged the septic system.
He has put up a fence and posted 'no trespassing' signs to keep the workers from grading further onto their property.
"The homeowners say this driveway was once covered with grass and flowers. That is, until the road department graded and widened it to almost 40 feet wide. But the county still maintains it's not private property."
Through the entire process, Stone claims no one ever officially told him what was happening.
"Mr. Stone was notified of the county's intention when the county road grader began grading this private access trail."
But Holmes County Attorney Brandon Young says Stone's claims miss the mark.
Young claims the county has been taking care of that road for several years.
"As far as the county is concerned, it is a county maintained dirt road and it is not the plaintiff's property as they're alleging has been taken by the county."
The county has until the end of the month to respond to the lawsuit.
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Holmes County Road on Private Property Draws ACLU Lawsuit









