Claims in gravel pit lawsuit refuted

SAGLE — Counsel for the owners of a gravel pit is denying claims by a neighboring landowner that the surface mine has expanded onto their property.

John Finney, the Sandpoint attorney representing pit owner Frank Linscott, also filed a counterclaim and third-party complaint alleging that there is a boundary line dispute that should be sorted out by a district court judge.

Tom and Marge Murphy, who own property next to the gravel pit, filed suit against Linscott in 1st District Court late last year. The couple argued the surface mining operation was occurring too close to their property and eventually crossed onto their land. Linscott, according to the suit, denied mining in an area they described but said they were filling an excavated area and would restore the area to comply with Bonner County land use setback requirements.

Counsel for the Murphys, Gary Allen, said the excavated area was never restored and setback requirements remained unmet.

The Murphys further argued that Linscott consistently failed to obtain permits or submit a reclamation plan once the surface mine is played out.

Finney filed an answer to the Murphy's civil complaint on Jan. 27 which essentially denied the claims raised by the couple. Finney said the fence line separating the two properties has long been recognized as the common boundary, with the Linscott owning property to the south and the Murphys owning property to the north.

"Recent survey work identifies a surveyed boundary line as being south of the fence line," Finney said in the 16-page answer and counterclaim.

Finney contends the Murphys' claims have clouded Linscott's ownership and said the boundary line dispute is appropriate for a judicial determination. Finney also argues that Linscott is entitled to a decree of quiet title to property south of the fence line either by adverse possession or prescriptive use.

The gravel pit has been a source of consternation for neighboring landowners who say the operation has been disturbing their rural neighborhood with noise and fugitive dust. The site has also been used for temporary asphalt plant operations which Interstate Concrete & Asphalt seek to make permanent.

Keith Kinnaird can be reached at kkinnaird@bonnercountydailybee.com and followed on Twitter @KeithDailyBee.