UPDATE (December 1st):
The City of New Hope has responded to a lawsuit demanding the removal of some of the city's buildings from private property.
The defendants say the plaintiff's claims are barred because the alleged encroachments have been in existence for longer than the statutory period.
The defendants say the plaintiff's failed to state a claim of relief as the City of New Hope has adversely possessed the land and improvements at issue for more than 20 years.
Because of this, the defendants say the plaintiff's claims are barred by the doctrine of laches due to the delay in bringing this action forward.
The defendants admitted that New Hope officials built a structure for the fire department, installed a gas tank and paved the property, all of which are partially located on the family's private property.
In addition, they also admit there was a one time underground fuel tank, but not that it was on the private property.
Read the full response here:
EARLIER (November 30th):
Brothers from Marion County are suing the City of New Hope because they say public offices run by the city, part of the fire department, and a fuel tank are on private property owned by the family.
According to the lawsuit, by deed of record the .47 acres that these government buildings are on were owned by the brother's father Charles King, a J. L Kennemore, a Guy Allen Frame, and Trustees of the New Hope Volunteer Fire Department.
However, the lawsuit says there is no one serving as Trustees of the New Hope Volunteer Fire Department.
The brothers' father continued to own the properties east of the New Hope property which is now owned by the plaintiffs, the lawsuit says.
When the father died, the lawsuit says his three children (the two brothers and their sister) inherited the property.
Around this time the lawsuit says New Hope officials built a structure for the fire department, installed a gas tank and paved the property, all of which are partially located on the family's private property.
In addition, the lawsuit says there was a one time underground fuel tank installed by New Hope on the family's property and the family is unsure if it was ever removed.
The lawsuit says the New Hope building has been used for various public purposes, including as a tax office where people come in and out of.
The gas tank is also used by officials, the suit says.
The plaintiffs demanded the "encroachments" be removed, but the lawsuit says the defendants refused to do so.
Read the lawsuit here: