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Harrisburg sues to claim possession of well property

HARRISBURG — The city is suing the owner of a private parcel of land on which the city built a well in the 1990s.

According to the lawsuit, filed July 18 in Linn County Circuit Court, the city is claiming adverse possession of the property because it installed the well, related equipment and fencing more than 10 years ago on the property.

The city is asking to be granted ownership or an easement on the property where the well is located.

Ellen Leigh of Vancouver, Wash., owns the property, which is near the Willamette River and adjacent to city property. City Administrator Bruce Cleeton said previously that Leigh’s real estate agent discovered the well was on Leigh’s property earlier this year.

Cleeton was not with the city when the well was built, but he understood that the city engineer quit during the process of locating the well. That might have led to the confusion about the property boundary.

Cleeton said in his weekly e-mail last week that the city apologized to Leigh and offered to buy the property from her. A deal was worked out, but she backed out, wanting instead to lease the property to the city.

That would cost the city more money, so the city filed suit. Leigh’s attorney, Le Anne M. Bremer of Vancouver, was served Wednesday with the suit.

The city is represented by Andrew Noonan of Albany.

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