By Michael Howell
The Town of Stevensville received a letter dated March 2, 2015 from Missoula attorney Kevin Jones stating that Roy and Lori Capp, owners of the Fort Owen Ranch near Stevensville, had requested that he proceed with appropriate legal action to address the Town’s inappropriate extension of the scope of easement over their property, the damages to their property resulting from the sewer treatment facility and sewer line easement work completed by the Town, and the Town’s ongoing encroachment on their property at the location of the public pool. He states that it would appear that most, if not all, of these matters could be resolved by amicable discussions with the parties.
“The Town’s failure to even respond in any manner would, however, indicate that the Town is neither willing nor prepared to timely and appropriately address these matters,” wrote Jones. He goes on to state that he intends to file suit for equitable remedies and damages in the event he does not hear back from the Town in ten days.
The Town’s attorney, Brian West, responded in a letter on March 9, stating that the Mayor did meet with the Capps on February 21 to discuss these matters. West states that the Town’s position is that “all access to the property is within the scope of the easement.” He noted, per the Capps’ concerns, that only town personnel have keys to the gate to the roadway into the sewer plant and the keys are not being provided to the public.
West also noted that the contractors who performed the work on the sewer line had been notified about the need for restoration following the work.
As far as the claims that the Town’s swimming pool is encroaching on his property, West said that a consulting firm was reviewing some surveys to see if this is the case.
“If their professional guidance shows there is an encroachment,” wrote West, “the town will provide a proposal to resolve the issue.”
Mayor Gene Mim Mack said that while the pool may be encroaching on the ranch property by several feet, the ranch appears to be encroaching on town property at the other end of the shared boundary line. He said the matter was being investigated.
West notes that the letter from Jones also references some fencing on the Capps’ property that will not affect the Town’s easement to its park along the river north of the Stevensville bridge.
“It is my understanding that the Capps have made a land swap proposal with regards to this matter during the aforementioned meeting in late February. The Town is still waiting for that finalized proposal,” West wrote. He ends in expressing a desire for continued negotiations.
In the meantime, according to Mayor Mim Mack, a citizen has complained to the Town about being “confronted” by someone from the ranch while driving on the road to the sewer plant to drop off some limbs and brush at the sewer plant where the town collects it. Mim Mack said the Capps believe that only town personnel can use the easement.
The Capps have also presumably taken action recently at the fishing access site on their property near the Stevensville bridge leading to the Town’s park. Trees between the river and the roadway have been spray painted with orange paint, the traditional sign for “no trespassing.” An orange dotted line was also painted on the ground along the edge of the road apparently marking a boundary that would preclude accessing the river.
The Capps, along with Senator Fred Thomas, met with officials from Montana Fish, Wildlife and Parks and the Town of Stevensville to discuss some resolution of that property dispute in February. As a result of that talk, Senator Thomas said that he and the Capps would be putting together a proposal to resolve that issue, possibly with some sort of land swap involving the Town. No proposal has yet been submitted.
Neither Senator Thomas nor the Capps had returned phone calls from the Star by press time on Monday.