published: Friday, November 23, 2012

Wall owner takes city, county to court

By SAMANTHA GHOLAR

sgholar@newssun.com

SEBRING - Property owner Gingerlee Mitchelllindo has gone through with her plans to file suit against the City of Sebring regarding the demolition of the wall on her property at 503 E. Center Ave.

The wall fiasco began in 2009 after the city ordered Mitchelllindo's retaining wall be taken down due to an encroachment with the right-of-way after the intersection of Center Avenue and Orange Avenue. City officials and engineers stated that the wall blocks line of sight and could be a danger to pedestrians and vehicles.

Haggling over the amount of encroachment went on for sometime before the city and Mitchelllindo's spouse Kalvin Lindo (who's name was on the deed at the time of the incident) appeared in court to pound out the details of the "botched" property survey.

Mitchelllindo, who continually states that she herself never had a fair turn in the courtroom, has continued to fight the city for the past several years on it's ruling of the survey and the attempt to tear down the wall.

The suit filed on Tuesday states Mitchelllindo as the plaintiff in a case against three defendants: the City of Sebring, Highlands County and CivilServ Design Group, Inc. Defendants were notified of a hearing being administered by Judge J. David Langford at the Highlands County Courthouse on Dec. 5.

Along with the suit filed, Mitchelllindo also filed a preliminary injunction for "protection against destruction of any and all personal, material and real property at 503 E. Center Ave."

The injunction prevents trespassing on any "real property" at the location which includes the retaining wall surrounding the property, fence, flora and fauna, land and dirt beneath the property. The injunction protects Mitchelllindo's property until the case and evidence can be heard and tried in full.

According to the documents filed and signed by Mitchelllindo on Tuesday afternoon, the plaintiff (Mitchelllindo) was not allowed due process or allowed to entry into the court room during the initial court case regarding the property, the city and Mitchelllindo's husband, Kalvin B. Lindo.

Certified copies of both the Notice of Hearing and the preliminary injunction were distributed to each defendant the day of filing.

The city of Sebring had sent out proposals seeking quotes and bids for the demolition of the wall last week. City Administrator Scott Noethlich stated that the demolition would likely be completed during the school district's winter holiday break.