Couple files response in wall lawsuit

The couple at the heart of a lawsuit filed by the city of Sebring over a concrete wall in front of their home has filed a response to the allegations.

Defendant Kalvin Berice Lindo stated in the lengthy response that he did not encroach on the city's right-of-way and refused to give up possession of his property without "just and rightful" compensation.

He also requested to be awarded the costs incurred in bringing this action to the court's attention and any further relief it feels is proper.

The wall in question is a 4-foot high cement block structure with 4-foot columns on top. It is located at 503 E. Center Ave., which is Lindo's property.

City officials want the wall removed because of concerns it obstructs drivers' views.

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 the wall was built on city property and several surveys have agreed with that assertion.

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

"Each of the surveys are in totally different places with none agreeing as to where the boundaries lie," Lindo stated in the response. "The wall for many years has always shown that designation without rejection by the city of Sebring."

Lindo stated that the wall was built by his wife, Gingerlee Mitchelllindo, "children of the community wanting to learn" and friends and family.

Mitchelllindo was working through disabilities resulting from an automobile accident that left her disabled, according to the response.

"The wall was constructed to bring the property to grade with the house to accommodate the disabilities," the response stated.

Mitchelllindo previously said this is a property rights issue.

"The equitable relief Kalvin Berice Lindo is seeking would serve the interest of said real property rights and its owner, as well as the interests of the public and all property owners in the city of Sebring," the response stated.

Lindo's response was filed on Feb. 4, exactly two days after a motion was filed requesting more time for the defendant to answer the lawsuit and file a counterclaim.

No trial date has been set as of Tuesday.