By LeAnn R. Ralph
TOWN OF HOWARD — A Colfax resident has filed a civil suit against another Colfax resident in a dispute over an area between the line fence and the property line.
Jeffrey R. Sikora, 52nd Street, Colfax, has filed a civil suit in Chippewa County Circuit Court against Robert J. Schindler, Jr., and the Robert J. Schindler, Jr. Revocable Trust.
According to the civil complaint, for more than 20 years, Sikora and the Sikora family have “exclusively used and possessed” property believed to be within the parcel owned by Schindler.
The property has been bordered by a “substantial fence” for more than 20 years, and the property in question is between the fence line and what is believed to be the property line between the land owned by Sikora and Schindler.
The use and possession of Schindler’s land by Sikora and the Sikora family was “visible, open and notorious, and openly claimed by (Sikora),” according to the civil complaint.
The complaint goes on to say that Sikora’s use of the land “was continuous and uninterrupted for a period exceeding twenty years.”
The problem now is that Schindler has entered the area between the line fence and the property line and has begun “removing and damaging the fence … as well as damaging the surrounding trees.”
The civil suit is asking that the title to the land between the line fence and property line be granted to Sikora, that Schindler pay Sikora’s legal costs in filing the civil suit, and for a preliminary injunction prohibiting Schindler from entering the area between the line fence and the property line to remove and damage fences, trees and other vegetation while the lawsuit is pending.
A scheduling conference in the case has been set in Chippewa County Circuit Court on August 24.
Sikora and Schindler have contracted with EOG Resources to operate an industrial sand mine on 185 acres in the Town of Howard along county Highway B.
Work at the industrial sand mine began in December of 2010. The Chippewa County land conservation office issued a reclamation permit for the mine in April of 2009..