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Flagstaff boundary dispute settled

A civil lawsuit, which was filed in 2008, over a boundary dispute concerning the purchase of land on Flagstaff Mountain has been settled.

Surreal Properties Inc., of 600 Flagstaff Road, Jim Thorpe, filed the action against Jacob Arner of Nesquehoning; Awesome View Properties, which Arner owns; attorney Anthony Roberti of Jim Thorpe and his law firm, Roberti and Roberti; Paramount Abstract Inc. Old Public National Title Insurance Company, firms owned by Roberti; and Victor R. Geiger and Keystone Consulting Engineers Inc., trading as Keystone-Geiger Surveying and Engineering.The principals of Surreal are listed as Timothy Markley and Lisa Lutterschmidt. The plaintiff's other companies included in the suit are Flagstaff Resort Land Holdings LTD, Flagstaff Resort Hotel LLC, Flagstaff Management Corporation and Dominion Development Group LLC.When the suit was filed, the plaintiffs alleged fraud and a conspiracy to swindle money from them. The allegations were made against Arner and other defendants.However, in a published public notice, the agreement between the plaintiffs has them withdrawing their claims of fraud, misrepresentation and conspiracy against Arner and Awesome View Properties Inc.The public notice states that the parties "desire to announce the amicable resolution of the litigation filed" in the county court.The notice states the parties "recognize that the claims were limited solely to boundary disputes and, except for the boundary disputes, the parties agreed to dismiss all claims and counterclaims."In a related matter, Carbon President Judge Roger N. Nanovic II, who presided over the action, issued an order of court on April 30 concerning the disputed land, Lot N-4.The public notice states Nanovic's order of Dec. 30, 2011, "determined that the location of the southerly boundary line for Lot N-4 is that location shown on the 'Keystone Survey' dated Aug. 10, 2007, sealed by Victor R. Geiger,

P.L.S., of Keystone-Geiger Surveying and Engineering."Nanovic's April order also states, "Defendant AVP shall record the original copy of the fully executed Boundary Agreement together with an original sealed copy of the Boundary Agreement Plan in the Carbon County Recorder of Deeds offfice.Plaintiffs are jointly and severally responsible for reimbursing Defendant AVP for standard recording fees assessed with the recording.