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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.

 

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