If Clearfield resident Helen S. Coleman had her way, she'd separate herself from her neighbor with a 6-foot fence rather than perpetuate the nasty dispute that's been keeping them apart for years.
But Coleman doesn't want to pay for the fence she believes belongs between her home and an adjacent office building belonging to attorney Felshaw King. She believes King should share the cost.Now what could have been a relatively inexpensive construction project could cost King $2 million if Coleman wins a lawsuit filed Monday in U.S. District Court.
King, Clearfield Mayor Neldon Hamblin, the city attorney and several others are named as defendants.
She contends King's status in the community has prevented city fathers from enforcing a site plan calling for the fence when the building was constructed in 1967.
King, the city attorney for Kaysville, said Tuesday that he would not comment on the matter.
Hamblin said the lawsuit took him by surprise.
"I'm aware of some of the conditions because we have had previous discussion on the matter," he said, declining to make further comment.
According to the suit, traffic to and from the building has caused her "constant aggravation" for the past 24 years.
"Without the 6-foot privacy fence that would deflect it, the noise and air pollution . . . is unbearable," the suit says.
The lawsuit claims pollution has killed fruit trees and flowers in her back yard and requires her to daily hose off vegetables in her garden.
She contends King's position in the community has kept Clearfield from enforcing provisions in the site plan and has prevented her from getting her fence.
In addition to asking for $2 million, Coleman's suit asks that King be prevented from working as an attorney until he agrees to help pay for the fence.
She also asks that the office complex be locked up until the fence is built.