Print

Email story

Comment

Email editor

Family fights for fence rights

The Hamiltons go to court for the first time Friday, arguing the county cannot make them remove a barbed wire fence because it's on their land.

By CATHERINE E. SHOICHET
Published September 16, 2006

INVERNESS - A new chapter began in a Citronelle squatter family's fencing feud with the county Friday.

For years, John Wayne Hamilton has battled with government officials over property he says his family owns near the southeast corner of Dunklin Street and County Road 495. They faced off in court for the first time Friday.

Assistant County Attorney Peter Aare argued that waist-high barbed wire fencing surrounding portions of the property violates county codes. He asked Circuit Judge Patricia Thomas to order John Wayne Hamilton, Donald Ray Hamilton and Violet Hamilton to take the fence down.

County crews already removed the fence in March. But it wasn't long before the Hamiltons put it back up.

Director of Public Safety Charles Poliseno said Friday that some of the fencing is located in county right of way and violates the county's land development code, which prohibits barbed wire fencing in residential areas.

For county officials, Friday's court hearing was simply about the fencing. But for the Hamilton family the battle is much bigger.

"This case should not be held here in Citrus County," John Hamilton said. "It should be inside a federal courtroom."

That, he says, is because it relates to land ownership arguments between the state, the county and his family.

After nearly two hours of testimony from Poliseno and other county officials, Thomas said the hearing will continue next week. That will give the Hamiltons, who are representing themselves, enough time to present their arguments, she said.

"There are obviously many layers to whatever's going on," she said, urging both parties to discuss the issues again before returning to court.

Catherine E. Shoichet can be reached at cshoichet@sptimes.com or 860-7309.

[Last modified September 16, 2006, 07:09:39]