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Injunction granted in property dispute

Published January 19. 2011 05:00PM

A preliminary injunction was granted to a Pine Grove Township property owner directing his neighbor to remove a blockade from a dirt road which provides an access to his property.

The ruling was made by Judge John E. Domalakes after a hearing in the Schuylkill County Court. Theodore B. Butler filed an injunction against Thomas E. and Shirley Daubert seeking to have the court enjoin them from blocking a dirt lane which provides access from the Butler property, over Daubert's property, to Spitler Road, a public highway in Pine Grove Township.

Testimony presented at the court hearing was that the two parties own adjoining properties and Butler has been using the dirt road over the Daubert property since 1995 for access to a public highway when on or about Jan. 5, the Dauberts blocked Butler's access over the dirt lane by placing a large mound of dirt and rocks on the lane. When Butler attempted to remove the obstruction, Daubert's son stood on top of the dirt pile and stated he was willing to die which caused Butler to refrain from removing the dirt pile in order to avoid injury to the boy.

At the court hearing Butler testified he had a right to use the dirt road because he has no functual access to a public road.

Domalakes ruled, "The court believes that relief is necessary to avoid irreparable harm which could not be remedied by damages; that greater injury will result by refusing the injunction than by granting it; and that the injunction will restore the parties to their status as it existed prioir to the blockage of the road. At this point the court believes that the blockage should be removed and the equity action should proceed in its normal course to determine the rights of the parties with respect to the Dauberts' dirt road."

The judge ordered the blockage is to be removed on or before Jan. 21.

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