Sebring sues residents over wall

The city of Sebring has sued a Sebring couple in order to get them to remove a concrete wall in front of their home because of concerns that it obstructs drivers' views.

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

The wall in question is a 4-foot high cement block structure with four-foot columns on top. It is located at 503 E. Center Ave., which is the property of Kalvin Berice Lindo, the named defendant in the lawsuit.

In October, City Administrator Scott Noethlich said the wall creates a line-of-sight issue for drivers who leave Orange Street.

The city and county have maintained that that the wall was built around 10 years ago on city property and several surveys have agreed with the city's and the county's assertion.

This issue came up while the county was widening East Center Avenue, in connection with work being done on the Sebring Parkway.

The wall's presence makes it too dangerous to make a left turn on East Center Avenue toward the Circle or to go straight ahead into the Sebring Middle School parking lot, Noethlich said at the time.

Gingerlee Mitchelllindo, Lindo's wife, has always maintained this is a property rights issue.

"There is a clear controversy between (the) City and Lindo," the lawsuit states. "There is doubt as to the rights and status of the parties, which creates a bona fide, actual, present and practical need for declaration of the encroachment and/or obstruction of Lindo's property on to (the) City's rights-of-way."

Additionally, the lawsuit asks for monetary compensation since the wall is still up.

"Under the Sebring code, a violation that exists is subject to a $500 a day fine," Swaine said.

The attorney said Monday a copy of the lawsuit has been sent to Lindo's lawyer, but the defendant himself has not yet been served.

Mitchelllindo also said she has not seen a copy of the suit, but is prepared to fight for an issue that is, "very near and dear to my heart."

"This is something we're fighting based on principle," she said. "We are fighting this not for ourselves, but for all city of Sebring property owners. I have been through this before. I know the kind of changes that can happen and I know that you either fight or flee.

"That's what we're waiting for, our day in court."