Taxpayers Could Be Forced To Pay For Carl Junction Resident's Ne - KOAM TV 7

Taxpayers Could Be Forced To Pay For Carl Junction Resident's New Fence


Doctor James Boyle says he's the type of person to fight for his patients, and there's nothing holding him back from fighting for himself.

"This is a slippery slope of property rights and constitutional rights for an American.  Not having the government take their property," says Boyle.

Boyle hired a company to put a fence around his backyard four years ago.

"They did the survey," says Boyle.

Turns out, about 22-hundred square feet of what was fenced-in actually belongs to the City of Carl Junction.  Doctor Boyle says OK.

"That's not my issue at all," says Boyle.

Boyle says he got a letter from the city in January.

"I went and spoke to one of the city employees and offered to rectify it by buying any of the land in question," says Boyle.

Boyle says the city said no, but he then said, wait a minute.  Boyle claims his neighbors have bought nearby land from the city.

"I want to buy the property, like every other taxpayer in Carl Junction has had the past few years," says Boyle.

So Boyle hired an attorney to take the City of Carl Junction to court, and appeal the city's decision.  Boyle says the city tore down the section of disputed fence on June 8th, and that's when the situation turned into a matter of principle.

"If the city would come to me and have a plan for the land, then I would probably be willing to give it to them," says Boyle.

Instead, he's going to court to buy the disputed land, and get $9,000 in restitution he says fence builders have told him the section of fence is worth.  

Tax payers' dollars are at stake.  Boyle says tax payers' rights are, too.

Boyle asks, "If the city can come in and take my fence while I still have an appeal going, what's to stop them from taking other people's property, both in their yard or even in their home?"

So the doctor who says he never gives up continues his fight in court.  In the meantime, he says he's learned a lesson, and has gotten a restraining order against the city.

The City of Carl Junction turned down our interview request for this story.  But we were able to get court documents, filed by the city's attorney, aimed at dismissing Boyle's restraining order.


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