McDougall responds to Troy counterclaim in suit

Heather McDougall, the Troy-based attorney locked in a suit against the city over the placement of water and sewer lines across her property, has filed her response to the city’s counterclaim attempting to claim title or easement to an alley located adjacent to her property in the latest escalation of the dispute.

The City of Troy amended its response to the lawsuit filed by Heather McDougall Dec. 31, filing a counterclaim against McDougall, C.E. Davis and “All Persons Unknown,” seeking fee title to an alley located behind McDougall’s residence in Troy. 

The alley in question is located between Spokane Avenue and Missoula Avenue in Troy, abutting the city’s alley north of First Street. The city claims ownership of the alley based upon “open, notorious, adverse, continuous and uninterrupted use of the alley for a period exceeding five years,” according to the city’s counterclaim. 

The city alleges in the claim that Lincoln County illegally assessed taxes on the property, owned by the city, and then passed title to McDougall improperly.

In her response, McDougall issued line-by-line denials of the city’s claims, but didn’t offer any specific response to the city’s allegations.

“In response to City of Troy’s counterclaim and third-party complaint (paragraph number), plaintiff denies the allegations contained therein,” McDougall wrote.

McDougall declined to comment on the specifics of her denials, citing the need for additional research.

“No, I need to research a few things first, but thank you for the opportunity,” she wrote in an email to The Western News in response to a request for comment.

The counterclaim is the latest filing in the ongoing lawsuit between the city and McDougall, Troy’s former City Attorney, who filed suit, representing herself, against the city alleging private nuisance, trespass and conversion and requesting $17,500 in damages, plus unspecified attorney costs and fees. The suit also names Silver Spur LLC and its owners, William Warrick and Shelly Warrick, and Lloyd Dean Nelson as defendants. She also asked the court to order the removal of the lines.

According to McDougall’s complaint, the city installed water and sewer service to a property at 113 Spokane Avenue in June, 2015. The property, jointly owned by Nelson and the Warricks, was annexed into the city earlier, with an agreement that the city provide services. McDougall alleges the lines installed to provide service to the property trespass on her property at 111 Spokane Avenue, which borders the Warrick/Nelson property.