Neighbor's dirt mounds causing pools of water, suit says

Kelly Holleran Jan. 7, 2010, 3:38am

A Madison County man and his wife say pools of water have accumulated on their property after a neighbor stacked mounds of dirt on adjacent land.

Lacy and Wanda Milton filed a lawsuit Dec. 23 in Madison County Circuit Court against Gary Wright.

The Miltons claim they own property at 4366 Elliott Road in Granite City and Wright owns adjacent land.

"Defendant has entered the Property and deposited several mounds of dirt on the Property without authorization from Plaintiffs," the suit states. "Defendant has refused to remove the mounds of dirt or spread them out to level the Property despite Plaintiffs' numerous demands to Defendant to do so."

In addition to stacking the dirt on the Miltons' property, Wright has also piled mounds of dirt on his own property, which has caused water to drain and accumulate in pools on the Miltons' property, according to the complaint.

"Defendant has interfered and continues to interfere with Plaintiffs' exclusive right to use, possession and enjoyment of their Property as set forth above," the complaint says.

In the two-count suit, the Miltons seek an unspecified judgment and punitive damages, plus other relief the court deems just.

Mark C. Goldenberg and Holly A. Reese of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing them.

Madison County Circuit Court case number: 09-L-1398.

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