Neighbor sues for dog pen encroachment

Steve Gonzalez Sep. 13, 2005, 12:25pm

Miller claims this fence is on his property without his permission.

An unneighborly dispute over a chain link dog pen is the subject of a Madison County Circuit Court lawsuit.

Bart Miller, of 600 Birch Lane in Maryville, claims his neighbors', John and Rhonda Carlyle of 604 Birch Lane, refuse to remove a 10 x 15-foot pen that encroaches on his property.

Miller is seeking in excess of $50,000 in actual and punitive damages from the Carlyles in a suit filed Sept. 13.

According to the complaint, Miller sent a demand letter requesting the removal of the dog pen on June 24. It was constructed in January.

In his demand, Miller allowed the Carlyles until July 3 to remove it.

"Despite repeated assurances by the Carlyles that they would remove the kennel, they told him to 'pursue other options'," the suit states.

A survey performed on Aug. 22 by Sheppard, Morgan & Schwaab shows the dog pen is on Miller’s lot, the suit claims.

“The Carlyles' continued wrongful possession of a part of Miller’s property is wantonly and willfully committed, such as to justify the levying of punitive damages,” the complaint states.

Miller is seeking an award for actual damages against the Carlyles for trespassing, a court order requiring them to remove the dog and kennel from his property and an award of punitive damages, due to the willful, wanton, malicious, and oppressive actions of the Carlyles, plus all attorney fees and court costs.

Miller is represented by Rand Juliano, Lori, DaCosse, Jerry Morgan and Sue Schultz of O’Fallon.

The case will be assigned to the judge chosen to replace the retired Philip Kardis.

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