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Bitter property dispute in the Town of Mexico
Posted: 12.21.2010 at 3:34 PM
Updated: 12.21.2010 at 6:50 PM
Jim Kenyon

Jim Kenyon is the Chief Investigative Reporter for CNY Central.

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Orange bollards line the Dawsons' property in Mexico
Photo

MEXICO, OSWEGO CO. -- A number of blaze orange posts called bollards represent the end result of a bitter five-year property dispute between a couple and the Town of Mexico.

Though Town Supervisor David Anderson denies it, to Geraldine and Bill Dawson, the posts along their property line are a form of official harrassment from the town. "It's really taken a toll on our marriage, at work, you can't go home and relax," Gerry Dawson told CNY Central's Jim Kenyon.

The Dawsons purchased a former camp on Sage Creek Road on the shore of Lake Ontario in 1995 and later turned it into a year-round home. They claim a 1924 deed shows they owned and paid taxes on a small plot that neighbors saw as access to the lake. George Enderly, who lives next door, says "Always, people have parked their cars there and walked down and fished."

But Bill Dawson says the deed does not reflect a right of way to the lake, "not to our understanding" he said.

When the Dawsons tried to block off the access, exercising what they saw as their property rights, the Town of Mexico stepped in. The town claimed it owned the access to the lake. Supervisor Anderson says it also serves as a turnaround for plows and school buses.

"We've owned it for a number of years and it belongs to the town." Anderson said.

Prior to the construction of the orange posts two years ago, the town put up a fence within inches of the home's exterior. The fence blocked one of the exits to the home until Judge James McCarthy ordered the town to take it down. "They put that fence right down alongside the house." Dawson explained," ...put a hole in the (septic) tank top and they also blocked our egress and couldn't get out of the house."

Supervisor Anderson said, "The town's position was that the Dawsons built on town property. The town erroneously issued a building permit, should not have done that and the Dawsons had a self-created hardship."

In September, the Town of Mexico and the Dawsons came to an agreement before State Supreme Court Judge McCarthy. The agreement allowed the town to put up the bollards, but not right next to the house.

Nevertheless, the Dawsons felt a need to go public with their fight with the town. "We don't like to create waves, but you can just get beat up so much" Bill Dawson said.

The couple is looking into other possible legal alternatives. Though Judge McCarthy's order shows everyone agreed to the erection of the bollards, the couple feel they were misled into believing they would not be so much of an eyesore. The Dawsons also feel the bollards devalue their property.

Click here to download and read Judge McCarthy's ruling on the case.

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