Fish, Wildlife & Parks sues for access to their own Property
(SHELBY) – A JURY TRIAL HAS BEEN SET FOR SEPTEMBER 17TH IN A DISPUTE
BETWEEN THE DEPARTMENT OF FISH, WILDLIFE AND PARKS AND WANKEN FARMS IN SOUTHWEST TOOLE COUNTY.
F-W-P FILED THE SUIT IN EARLY 2012 CLAIMING THAT TROY WANKEN, WANKEN
FARMS, IS ILLEGALLY BLOCKING PUBLIC AND F-W-P ACCESS FROM THE EAST TO THE
MARIAS RIVER WILDLIFE MANAGEMENT AREA, VIA THE LINCOLN ROAD. THE W-M-A IS
THE FORMER CHARLIE LINCOLN PROPERTY WHICH WAS PURCHASED BY THE F-W-P FOR
5.6 MILLION AND THE STATE AGENCY CONTENDS THAT AN EASEMENT THRU THE WANKENS
FARM, VIA THE LINCOLN ROAD WAS ACQUIRED ALONG WITH THE LINCOLN PROPERTY
THE WANKENS, HOWEVER, SAY THE ROAD WAS NEVER TREATED AS A PUBLIC
ROAD FOR UNFETTERED PUBLIC ACCESS BUT WAS THRU AGREEMENT, USED BY THE LINCOLN
FAMILY ONLY.
WANKEN HAS ALSO COUNTERSUED CLAIMING THAT THE PLAINTIFF KNOWINGLY
BROUGHT THE ACTION WHICH IS NOT SUPPORTED BY LAW OR FACT AND DID IT WITH THE
ULTERIOR MOTIVE OF PUNISHING TROY WANKEN FOR NOT GRANTING PUBLIC ACCESS.
THE WANKENS CLAIM, ACCORDING TO COURT RECORDS THAT F-W-P BROUGHT
THE ACTION WITH THE ULTERIOR MOTIVE OF COERCING WANKENS TO ABANDON OR
RELINQUISH PROPERTY RIGHTS THAT WANKEN FARMS HAS HELD FOR DECADES, IN ORDER TO
OBTAIN UNLAWFUL ACCESS TO THE LINCOLN PROPERTY.
COUNTERCLAIMS FURTHER CHARGE THAT STATE FISH, WILDLIFE AND PARKS PERSONNEL
REPEATEDLY ENTERED THE LAND WITHOUT PERMISSSION OR “TRESPASS,” FOR WHICH WANKEN FARMS
IS ENTITLED TO DAMAGES.
A MANDATORY MEDIATION ATTEMPT HAS BEEN ORDERED TO TAKE PLACE BY JULY 11TH.