Houston County man sues Forest Service for restricting use of his property

Michelle Keahey, East Texas Bureau Jun. 17, 2013, 11:13am

LUFKIN - A Houston County man has filed a lawsuit against the U. S. Forest Service claiming that the federal department is restricting the use of his property.

Ronald Lee Franklin filed suit against United States Department of Agriculture, Forest Service on June 11 in the Eastern District of Texas, Lufkin Division. 

Franklin is the owner of property located in Houston County.  According to the lawsuit, Franklin purchased a 32 acre tract of land, which is bordered to the south by the Defendant. The southern boundary of the property was defined in a 1951 Federal Court case, Curtis R. Enos v. United States of America, Civil No. 1168.

The defendant is accused of ignoring the judgment and setting boundaries at issue in the current case. The Forest Service is accused of restricting Franklin’s entry and use of property, cut fences, constructed roads, built gates, harvesting timber, entering the property and allowing others to enter without the consent of plaintiff.

Franklin is asking the court to declare that the northern boundary established in the 1951 court case established the southern boundary of the Franklin 31 acre tract and a declaration that defendant is a trespasser upon Franklin’s private property. The plaintiff is also seeking an award of damages, attorney’s fees and court costs.

Franklin is represented by Dallas attorney Curtis Lilly.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 9:13-cv-00123

More News