TRR photo by David Hulse Town of Highland, state and sheriff’s department officers showed up to fend off trouble on Irishtown Road when a property dispute flared at the Joanne Boyd residence on the afternoon of May 26. (Click for larger image)

Police get caught between feuding family

By TOM KANE

TUSTEN — State police tried to settle a dispute last Saturday between feuding members of a family living on Irishtown Road on the border of the Towns of Tusten and Highland.

They didn’t succeed.

The most recent problem was precipitated when the owner of one property, James Kelty, Jr. cut the lines to a well and pump that served another house owned by Ted Sobolewski, Jr., his cousin.

The house occupant, five-year tenant Joan Boyd, has five children and was scheduled to close on a house on March 16. The closing has been delayed. Meanwhile, since that date, she has been living in the house with a malfunctioning septic system.

“Kelty cut off the water to stop the use of the malfunctioning septic system,” said the Town of  Tusten Code Enforcement Officer Stephen Stuart.

“This family dispute has been going on for years,” said Tusten Town Justice Ralph Huebner.

Huebner, who was pulled into the dispute, said young Kelty claimed the property line included the well, making it his.

“There is a long-standing argument between my sister, Carol [Kelty,] and myself over the tenants occupying the house,” said Ted Sobolewski, Sr. His son, Ted Jr., who now lives in California, owns the house.

“When Jimmy Jr. purchased 80 acres that surrounded the rented house, it wasn’t clear where the property line was,” said Ted Sr. “So when he cut the wires, Joanne got angry and called the police.”

No survey had been supplied by the bank from whom Kelty purchased the property, and subsequent to the purchase, he never had it surveyed, Ted Sr. claimed. “He never produced any papers.”

Carol and James Kelty, Sr. live across the road from the Sobolewski property on Irishtown Road. James, Jr. In October, the Sobolewskis went before Tusten Justice Ralph Huebner over a citation concerning the failed septic system at the rented house. Huebner ordered the system to be repaired or the house vacated. On October 26, 2000, Sobolewski’s attorney notified Boyd that her lease was terminated. Sobolewski’s attorney never followed up on the eviction until May 15, 2001 when he asked Judge Huebner to sign a warrant of eviction, according to Stuart.

“I think this is an extreme example of an irresponsible property owner who refuses to correct a defective septic system and refuses to supply potable water to a tenant,” Stuart said.

Huebner refused to hear the case. “Land disputes are not in my jurisdiction; they go to Monticello,” he said.