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Fence Dispute Causes Winchester Schools to Take Legal Action

31 July 2018 News


The Winchester School Board is taking legal action over a fence built on the property of John Kerr Elementary School.

The fence was built by a couple who are neighbors to the school, James and Dixie Lum; their 466 Merrimans Lane home is adjacent to Kerr Elementary. Winchester’s School Board objects to not only the fence they’ve constructed, but trees they’ve planted that encroach on school land, as well as a gate in their fence which allows them to trespass on school property.

The Lums had volunteered to either pay for a boundary line adjustment that would encompass their fence or remove it and build a new one within their property, and also said they would either pursue a license agreement that would allow them to plant more trees or remove the ones that are currently bothering school officials. However, they have refused to remove the gate in their fence, characterizing the demand to remove it as “vindictive” and “discriminatory.”

Responding to this refusal, in Winchester City Circuit Court on Friday the School Board filed a civil action suit against the Lums, seeking an order directing them to not trespass on school property by way of this gate. The School Board’s legal counsel was quoted as saying that “even a very reasonable, patient School Board has its limits and cannot condone an obvious, continuing trespass.”

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