A Primrose couple sued Cass Township and its supervisors on Friday in Schuylkill County Court in a dispute over ownership of a strip of property.
Joseph and Ida Mackey, 41 Green Ave., allege that the township is improperly trying to seize possession of the land, which measures about 86 feet by 20 feet, and has removed a shed, damaging it and its contents, the couple had built on the disputed property.
"Cass (Township) has exercised control and possession of land that is owned by (the Mackeys)," and even has started to extend Green Avenue through it, the lawsuit reads in part.
Furthermore, Supervisor James D. Thomas threatened Joseph Mackey, who is dying of pancreatic cancer, according to the lawsuit.
The Mackeys asked for unspecified monetary damages of more than $50,000 from the township, Thomas and Supervisors Michael Kulpcavage and John W. Walatis, plus costs, attorney fees and punitive damages, and demanded a jury trial in the case.
The Mackeys alleged that they have possessed the disputed property since June 15, 1978, when they bought their property, and thereby hold title to it even if it was not originally a part of the land they purchased.
They said they built the shed on Dec. 4, 2011, only to receive a letter in January from Cass solicitor Edward M. Brennan, Pottsville, in which he sent them a copy of the township's declaration of taking of property to extend Green Avenue.
Thomas, Kulpcavage, township police Chief Anthony Kuklinski and an unidentified fourth man removed the shed on Feb. 14, and Thomas threatened to beat up Joseph Mackey during the process, the lawsuit reads in part.
"This removal of the shed was done without removing any of its contents and without regard to the damage these actions caused to the contents," according to the lawsuit. "The shed has been damaged and its effective use to Mackeys has been destroyed."
On June 28, the township started building the road in front of the Mackeys' house, thereby damaging it, the lawsuit reads in part.
As a result, the Mackeys have lost land, the shed and the shed's contents, seen their home damaged and suffered emotional distress, anguish, embarrassment and inconvenience, according to the lawsuit.