04/22/2008 (3) - Laserfiche WebLink

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Attorney Collins responded to questions from the Board of whether the Sheriff's attorney has different views (from the County Attorney) on this matter. James Harpring, General Counsel, IRC Sheriff's Office, reported that the Sheriff has had to litigate a couple of issues in regard to this matter: First, dealing with whether or not they should be required to enforce public access rights on whether or not it is a public road, and in the alternative, defending a Writ of Mandamus, (filed by Mr. Mensing) requesting the Circuit Court to require the Sheriff's Office to issue a trespass warning against Mr. Kirrie in regards to the property. He said the Sheriff's interest is only in resolving the issue as to who actually has a proprietary interest in this, because they are obligated at some level to enforce the laws, especially since the history of this is not particularly clear as to possessory ownership. He said the Sheriff's Office would follow the lead of what the Board accepts, and would enforce the law accordingly. Vice Chairman Davis asked if the Sheriff was agreeable to the Board passing the resolution, and Attorney Harpring reiterated that the Sheriff did not have an interest in it, and would proceed in accordance with the Board's decision. Mr. C.N. Kirrie addressed several points: He talked about ownership of certain lots and strips of land in the subject area, sale of land to the Kirchoffs, and access to properties. He gave a history of ownership including purchase and sale of the subject property, and stated that this is an issue that would resolve a lot of problems at one time. A couple years ago, he recognized that his request for abandonment was out -of -place, because that roadway should be a public roadway (providing emergency access and access to the internal lots), and he did not continue with the request. He argued that it is simply an issue of clearing the matter and what he felt was a necessary second access to a large parcel. He thereafter invited questions from the Board. 15 April 22, 2008