by peter e. bortner
Rush Township asked Schuylkill County Court on Wednesday to force a Hometown couple to remove obstacles they have placed on an unpaved street that borders their property.
In a four-page lawsuit, the township alleged that William D. and Renee Boyer, 105 Ryan Ave., have improperly placed posts in the ground and a chain running across Walnut Street near its intersection with South Street.
"The obstacles ... prevent (the township) from accessing Walnut Street from South Street," according to the lawsuit.
The township asked the court to force the Boyers to remove the posts, chain and any other obstacles they have used to block Walnut Street, and award it all costs and fees of the lawsuit.
In the lawsuit, the township alleged that it owns Walnut Street because it accepted the dedication of it in 1981 by a resolution of the supervisors, and that it has not surrendered its rights.
"Although Walnut Street is not currently paved, the (township) has remained the owner of ... Walnut Street by virtue of public use since its dedication and acceptance," the lawsuit reads in part.
Walnut Street forms the southern border of the Boyers' property, however, and they have placed the posts and chain on it, according to the lawsuit. The obstacles prevent the township from using the street, even though it is a public one, the lawsuit reads in part.
Furthermore, the Boyers have refused to remove the obstacles in spite of the township's demands that they do so, the lawsuit reads in part.
