The Highline Times stories about this Wrangling over the Road has a lot greater following than I thought. Dozens of people I don't know or haven't seen for years are asking questions about it. "Oh, you're that guy I read about in the Highline Times..." It's clear the Highline Times has reached deep into the communities. People are upset with the abuse of government and municipal power already. This is a "poster child" case.

This situation has become a serious ethics question. The Southwest Suburban Sewer District historically hasn't kept its written agreements, promises or word with my family, continues to find legal loopholes to satisfy their determination to use my property as a shortcut diminishing the value of this incredible place with their constant intrusions, loud diesel trucks grinding up and down the road, waves of diesel smoke, industrial vehicles crossing by each other, bumper to bumper seconds apart robbing this place of its natural beauty, peace and quiet.

The Southwest Suburban Sewer District just did an end game run around to gain full time use of the compost road through my property. They purchased my brother's 25% share. That makes them a tenant in common with me, allows them 24/7/365 "access" to the entire property, potentially the house if they choose to do so legally.

Escrow closed June 12th at 2:30 pm. The District became a co-owner as tenants in common with me, an unbelievable turn of events.

The compost access road was specifically built for compost/sludge hauling only. The original easement agreement they signed is very specific. In several recent meetings, the District has been discussing discontinuing composting because it costs too much. I reminded them that the road was built only for this reason, not general use.

The District has plans to build a new maintenance facility at the old YMCA property on S188th scheduled to be completed in the summer of 2014 which they claim will eliminate 8 of their maintenance vehicles trips. Their terminated "Temporary License" was intended for these trips. In reality, 45-65% of their daily trips are their Taurus, Prius, small Ford x-cab pick up trucks, an SUV and vendor/sales vehicles.

Today, the daily use shot up to 50 vehicles as they revel in their new purchase at ratepayer expense, a rate of 13,000 vehicles through my yard and our neighborhood per year if sustained. The road was built for compost trucks, 390 per year is the average originally expected and a specific restricted limited easement granted for.

Of today's 50 vehicles for which they claim employee "safety reasons", includes turning a BLIND 90 degree corner onto and from the concrete compost road: (Safety reasons?)

29------58% Taurus, Prius, x-cab pu's, van, suv, employee vehicles
12------24% mini dump truck, flat bed, box utility truck
4-------8% Vactor truck
2-------4% Camera Van
2-------4% Compost 3 axle dump truck-originally permitted
1---- 2% 24 foot box delivery truck
50 100%

Their claims of "employee safety" for all these small vehicles needing a short cut are completely bogus. They have their own original entrance to use since the mid 1960's. An arrangement could have been made for the larger vehicles, giant flatbeds and such if they could honor any agreement they make.

This is the ultimate betrayal of ratepayers trust and end game run-around at rate-payers' expense in my opinion. Their purchase makes them unwanted co-owners with me and my boyhood home, the historic old Fish house and property.

That means all the employees could have a key to my house, sit on my couch, use my bathroom, sleep over, make coffee and wander around the place, watch movies, share my space.

While this is not their expressed interest it makes their current decades old easement a moot point allowing them "access" any time, any day or night, weekends, holidays 24/7/365 without restriction.

I am trying to research case law that defines a difference between 24/7/365 right to "access" vs. use! When the gates are open, they are using. Their attorney assures me in no uncertain terms that if I try to limit their access, they will sue and get a restraining order on me. (More never ending threats)

Their stated intent is to partition the property or administratively adjust the boundary lines to their property and that they have "no current" interest in any other use. We're talking about 24/7 access, any time, day or night, weekends, holidays, no limits.

There are 24 hours in a day, 168 hours in a week. They own a 25% "undivided" share. My position is they can only "use" the property 25% of the time. That potentially means, in a 5 day week, 8.4 hours per day, in a 7 day week, 6 hours per day.

Being "occupied", another co-owner has NO right to disturb the person or tenant occupying the property. This is where case law needs to be researched. If you have any ideas, please let me know! I can't do this alone.

I can assure you that every single vehicle disturbs me greatly and seriously affects this nature sanctuary setting my family and I have tried to be good stewards of and worked so hard to preserve for 75 years!

The District says their aging infra-structure needs to be replaced. Do the ratepayers approve of spending $150,000 of their monies for a short cut through private property?

The Sewer District phone number is 206-244-9575. The next Commission meeting is June 18th, 2013 @ 6:30 p.m. Sewer District fees will almost certainly increase to pay for this extravaganza.

To my neighbors, my apologies, I tried my best.

Brett Fish
Normandy Park