Friday 5 November 2010

Property dispute involves gunshots, run for office

By Dan Nienabor, Mankato Free Press

Dispute lingers in court system

A woman hoping to fill a seat on the Mankato Township Board has been in a property dispute with a neighbor that has lingered in court for months and escalated, more than once, to the point of gunfire.

At first glance, the scenic acreage south of Mankato where Caroline Wood and John Enger live seems like the type of place that would naturally encourage peace and harmony. Both of their houses are tucked into a hillside along the west side of Highway 66. Directly across the highway, people can be seen enjoying the Red Jacket Trail as they walk, jog and bike along the popular path. Mount Kato and the bluffs behind Indian Lake provide a colorful backdrop for that scene.

Enger and his wife, Danette, built their house about 30 years ago. Wood and her husband, Russell, moved into their house in 2008. The initial source of their many disagreements is a 40-foot easement, set aside in the middle 1990s when Highway 66 was improved, that provides a driveway to the Engers’ house.

The easement travels parallel to the highway across the Woods’ front yard. The Engers’ original driveway was removed when the highway was changed because sight lines made it hard to see for passing motorists.

Wood has also reported problems with the Engers’ dogs, including one that lost one of its front legs in July after it was shot in the chest by Wood. She has already spent about $20,000 in attorneys fees alone for the property dispute, which

hasn’t gotten her very far in court.

Enger said he’s concerned Wood is hoping to replace Howard Drummer Jr. on the Township Board so she can bring her dispute to a different forum.

“I’d be real concerned — for anyone living in this township — if she becomes our supervisor,” he said. “The rules tend to be pretty lax here. She complains about everything and has done everything she can do to make me afraid to enjoy my property. I’m afraid that’s what she’d turn this township into. That’s what she’s tried to do to me.”

According to a harassment claim filed by Wood, she received a medical discharge from the Air Force due to post traumatic stress and other health issues. She said she moved to Mankato because her husband, who grew up in the area, is still on active duty. He will be returning from Iraq next week and retiring soon, Wood said in an e-mail Wednesday.

She said she’s a qualified township board candidate because of her experience as an Air Force air traffic controller. Wood, 34, also has served as the manager of the Mankato Farmer’s Market this year.

“I believe in integrity, service before self and excellence in all I do,” Wood said in the e-mail. “My lack of direct civilian supervisor experience may cause hesitation, but I hope my prior military experience, positive energy, fresh perspective, and love of Mankato will lead to some support.”

Deputies have been called to the Wood and Enger residences “numerous times” since the property dispute started about two years ago, said Capt. Rich Murry of the Blue Earth County Sheriff’s Department. Reasons for the calls have included complaints about the use of the driveway, fences that have been built too close to the easement and gunshots. Reports from the dog shooting in July have been turned over to the county attorney’s office and could result in criminal charges.

It is illegal to shoot a stray dog on your property unless you are in fear for your safety or it is chasing wildlife such as deer, Murry said. He also said there had not been a problem at the two houses, or Enger’s house alone, before Wood moved in.

Enger said Brownie, his Thai ridge back (or Asian black lab) dog, was lured on to the Woods’ property before it was shot by Caroline Wood. Enger also said another dog that was living with him temporarily “fainted dead away” after both Wood and her husband fired numerous rifle shots near that dog during an earlier incident.

Here is how Wood describes what happened in July in a 92-paragraph affidavit she filed in September accusing Enger of contempt of court:

“On July 9, 2010, I saw the Enger’s pit bull dog enter our property when it was unsupervised and unrestrained. I waited to see if the dog would return home. Instead it proceeded into our yard.

“I therefore went outside with a 9mm handgun I had acquired because of a recommendation from law enforcement and my first attorney. I pointed the gun into the hillside one handed to fire a shot to scare the dog into going back home. At that moment the dog began to run and noticed me, at which point it charged toward me.

“I then took a two handed grip and fired the gun one time. I believe I hit the dog. The dog then returned home and I went inside to call law enforcement. I did not fire out of anything but fear. Once the dog was not a threat, I immediately went into the house.”

In the same affidavit, Wood claims Enger owes her more than $31,000 for what she has spent to protect herself since becoming his neighbor. That figure includes the attorney fees, the cost of audio and video surveillance equipment and more than $1,000 she paid to a private investigation firm to sweep her house for electronic bugging devices she suspected had been placed inside her house by Enger.


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