Disputed wall owner requests more time

Feb 8, 2010 — Highlands Today

Joe Seelig

Feb. 8, 2010 (McClatchy-Tribune Regional News delivered by Newstex) -- SEBRING -- The City of Sebring intends to contest a request for more time filed by Kalvin Berice Lindo, the owner of a block and stucco wall at 503 E. Center Ave., who the city has sued in order to tear down the wall.

The city claims the wall is built on city property and that it obstructs drivers' view.

City Attorney Bob Swaine filed the lawsuit in Highlands County Circuit Court.

In a motion filed Feb. 2, Lindo requested more time until April 15 to file his answer and counterclaim against the city "to present my defenses and facts."

Lindo said he wanted to replace his attorney, who intended to dismiss himself from the case.

"I need this additional time because the property attorney we acquired felt this needed both an attorney with property rights experience as well as civil rights attorney experience that he does not practice," Lindo wrote in his motion.

"This has been a hardship for myself as well as the Florida Bar in its assistance for me seeking new representation."

Swaine said Friday the city will contest the length of time sought, as "Mr. Lindo has already had approximately two months to file his answer."

He believed the couple already had a very good attorney, and the city would be agreeable to a reasonable amount of time to find a new lawyer and get him up to speed.

"But we are not agreeable to two months," Swaine said, adding that it was not necessary to stall the litigation.

He said the Lindos could file an answer and a counterclaim, and the law allows them to later amend their answer and counterclaim.

The wall in question is a 4-foot high cement block structure with four-foot columns on top connected by a four-foot high chain link fence.

Highlands Today reporter Joe Seelig can be reached at (863) 386-5834 or jseelig@highlandstoday.com .

Newstex ID: KRTB-0290-41880443