Mailbox dispute ends

Rutland Herald

By Emily Cutts
STAFF WRITER | May 12,2016

 

KILLINGTON — A Killington man will move his mailbox from a state right of way following a settlement with Vermont Agency of Transportation.

The agreement resolves a dispute between Josef Guggenberger and the agency that began in June 2014.

The issue stems from a disagreement with a neighbor over a shared driveway entrance in the state right of way off Route 4 that then leads to the two separate homes.

Guggenberger’s mailbox “sawhorse structure” and reflective poles were placed in the middle of the driveway’s entrance that hindered the neighbor’s ability to turn into it.

The agreement, reached through mediation in February and approved by the judge in Rutland civil court late last month, calls for Guggenberger to remove the sawhorse mailbox, posts and all other items he placed in the state right of way and relocate them to the “westerly side” of his driveway by June 1.

Once the mailbox has been removed, the agency is required to do work on both driveways including straightening as well as regrading both driveway accesses and perform work on the drainage ditches.

The decision also requires Guggenberger’s neighbors to file an application for a valid access permit for their driveway and record it with the town.

The case was brought to civil court on an appeal of a decision from the Vermont Transportation Board.

According to that decision and order from the Vermont Transportation Board, Guggenberger originally filed a damage claim of $523 in Rutland civil court to cover the cost of lumber for the mailbox structure and sod that he placed between two driveways, which was removed by state transportation workers.

That case was dismissed in December 2014 after a judge ruled that court did not have jurisdiction. Guggenberger then took his case to the Vermont Transportation Board and a hearing was held in March 2015.

The board ruled in favor of the Agency of Transportation on April 21, 2015. At that time, the agency filed a counterclaim alleging Guggenberger had installed another “sawhorse structure” as well as metal posts with reflectors. The agency requested an injunction to remove the items until he obtained a proper permit and penalties for each infraction

As part of the agreement, the counterclaims filed by the agency were dismissed and both Guggenberger and the agency will pay their own legal costs.

A call made after 4:30 p.m. Wednesday to the state’s attorney general office, who represented the Agency of Transportation, was not immediately returned. Calls to Guggenberger went unanswered.