Rutland Herald
The dispute, involving Killington resident Josef Guggenberger and the Vermont Agency of Transportation, has been ongoing since 2014, according to documents.
The case was brought to Superior Court through an appeals process from the Vermont Transportation Board.
A pre-trial discovery schedule conference on the counterclaim is scheduled for Thursday morning.
According to the decision and order from the Vermont Transportation Board, Guggenberger originally filed a damage claim of $523.68 in Rutland civil court to cover the cost of lumber for the mailbox structure and sod that was placed in between two driveways.
The court ruled that they did not have jurisdiction and dismissed it in December 2014. A claim was then filed with the Vermont Transportation Board.
A hearing was held by the Vermont Transportation Board in March 2015.
According to court documents, Guggenberger alleged that the agency had improperly removed a “large sawhorse structure,” which had been placed in the state right of way on Route 4, near the end of his driveway, in June 2014.
The board ruled in favor of the agency on April 21, 2015. In their decision order they wrote that any damage that occurred was not the result of the agency’s negligence and that the agency’s actions were in accord with statutes and rules.
The board did, however, admonish the agency for “the way it conducted its affairs in this case.”
They went on to say “adding further to this lack of good judgment was the way in which the work crew handled its duties. Instead of simply removing the entire mailbox apparatus, it left behind the mail and newspaper boxes, lying on the ground like a pair of severed heads on top of a pile of fresh dirt. To return home to find such a sight after engaging in reasonable and polite written correspondence with the Agency can only be described as chilling.”
“The Board is aware that VTrans and Mr. Guggenberger have sparred in the past, and that the mailbox incident was not their first run. Still, as keeper of the public trust, the Agency is duty bound to take the high road and wield its considerable power with respect and not stoop to such heavy-handed actions,” the decision order read.
The agency filed a counterclaim that Guggenberger has installed another “sawhorse structure” as well as metal posts with reflectors behind the structure. The agency requested an injunction requiring Guggenberger to remove the existing structures as well as prohibiting him from placing anything else in the right of way without a permit. The agency also requested that Guggenberger be issued a penalty for each infraction.
The issue stems from a dispute with a neighbor over a shared driveway entrance in the state right of way that leads into two separate driveways.
emily.cutts
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