Town lawsuit goes into new year

At the July 1 Saratoga Town Council meeting, Richard Rideout, an attorney representing the town Saratoga, announced the three pending actions between the town and Saratoga resident Randy Stevens have been consolidated for trial.

Stevens said in an interview Monday the trial had been moved to January of 2015, in hopes of the town of Saratoga and Stevens coming to an agreement before the court hearing.

The legal battle between the two parties has been ongoing for more than a half-decade. It pertains to a retaining wall built by Stevens in 2008 on the north and east side of the property. The wall was constructed adjacent to the Hugus ditch near the intersection of Maple Avenue and South River street. The property just to the south was once owned by the town of Saratoga, and leased by the United States Department of Agriculture. It is now owned by the conservation district.

Initial legal action was taken by the town of Saratoga as a result of the retaining wall, which Rideout said, “violated town ordinances.” Subsequently, the town filed a claim with the district court on Nov. 11, 2009.

It was reported in the June 13, 2012 edition of the Saratoga Sun that according to court documents, engineer for the town of Saratoga Chuck Bartlett said he was worried the retaining wall could collapse. Stevens had submitted two site plans in the winter of 2009, but both were considered inadequate because they did not state the use of the property.

In August of 2009, the town and Stevens had come to an agreement: Stevens would remove part of the wall and soil to ensure the integrity of the retaining wall, while the town agreed to allow part of the wall on town property and allow street access to it. The container on the property was blocking construction of the alleyway.

In January of 2013, the town of Saratoga announced the two parties had settled on a tentative deal which would require Stevens to empty the container and having the town remove the container out of the way so it can finish work on the alley north of Stevens’ property.

In the January 9, 2013 edition of the Saratoga Sun, Saratoga Mayor John Zeiger said the agreement did not include the town removing the sheer piling wall, whereas Stevens claimed the agreement did include the removal of the wall.

According to a document drawn up by James Salisbury, Stevens’ attorney, the Jan. 4 agreement said the town of Saratoga must construct and install, at its expense, an access ramp to the Stevens’ storage container within 45 days from the entry of the order. Within 15 days upon completion of the access ramp, Stevens was to remove all personal property from the storage container at his own expense. Within 45 days of notification of the removal of personal items from the container, the town was to remove and relocate the storage container to lots nine and 10.

Because an agreement could not be reached, both Stevens and the town went back to court on May 8, 2013. At that hearing, Judge Waldrip Carbon County District Court, reprimanded both the town of Saratoga and Stevens. According to the May 15, 2013 edition of the Saratoga Sun, Waldrip said during the hearing, “You people really must love to payyour lawyers and you are acting like school children.”

After the hearing, the agreement enforced by the court states the town of Saratoga must construct a ramp in order to remove a storage container on Stevens’ property and later return the container. Additionally, the order states the town must complete reconstruction of the alleyway.”

The ramp had been constructed by the town of Saratoga, however, the alleyway had not been completed.

Rideout said the agreed upon location to move the container was on property owned by the Wyoming Department of Transportation, and the town was not able to complete the ramp way. Stevens said in a July 8 interview after the town of Saratoga had constructed a pad for the relocation, the town was notified that the pad was not on Stevens’ property.

“My contention is we never agreed to relocate that container any place other than the site development plan, the approved site development plan by the town of Saratoga to its location to where it is useable, which is on the west-end of the property, on the southwest corner, against the sheer pile wall,” Stevens said.

Stevens added the town said there was too much dirt to be moved, and Stevens offered to remove the dirt. He said he offered to rebuild the ramp and relocate the container to the approved site development plan.

The town of Saratoga officials said a third party was contacted to move the container to the agreed upon location.

The container remains where it is today, and ramp was removed by Stevens.

“I think at this point, it’s fair to say that that particular action and the understanding that was codified in the consent decree is at a standstill,” Rideout said.

Additionally, Rideout said the Stevens has filed two different lawsuits; one on behalf of the trust and one on behalf of the Quality Landscaping entities, claiming that the town has trespassed, committed a nuisance, was negligent in the performance of their obligations under the consent decree.

Rideout said Stevens’ lawsuit states the town has inversely condemned Steven’s property, the town has taken his property without due compensation and that the town is in a breach of contract.

“All as a result of the activity that we undertook pursuant to the consent decree,”Rideout said.

Stevens said he gave the town a global settlement proposal in February as per the town’s request. In the last week of June, Stevens said, the town responded by saying the settlement cannot go forward, as relocation of the container has to be settled first.

Stevens said he and his lawyer told the town they would move the container, if the town would indemnify Stevens from the liability of the stability of the retaining wall. Stevens said he received no response from the town.

In a July 14 interview, Zeiger said he was referring comments to the attorney due to pending litigation.

 

Reader Comments(0)

 
 
Rendered 02/27/2024 03:48