A civil suit was started by Tamaqua Borough against Louis J. Yelito, of 220 Railroad St., Tamaqua, in Schuylkill County court alleging he has blocked a right-of-way for citizens to travel on an unopened street and seek damages in excess of $50,000.

The suit states the borough has laid out but unopened a street known as Union Street, which runs from Pleasant Row, formerly Railroad Street, to Washington Street. It claims Yelito became owner of a certain parcel abutting the south end of the laid out street and that he is also owner of a certain parcel abutting the middle of the unnamed street.

The borough charges that since acquiring the properties he has placed fencing, planted shrubbery, created encroachment denying citizens the use of a right-away across the unnamed street and has attempted and continues to exercise exclusive possession of the unopened street and has precluded the general public and the borough from right to access the unnamed street.

The suit states borough council took action at a public meeting last August 16 requesting Yelito to remove all obstacles within the right-of-way but despite many requests he has refused. The borough is now seeking a court order to have him remove all encroachments and award the borough damages in excess of $50,000.