HONESDALE - A lawyer for Scott Township is seeking to have a boundary-dispute lawsuit dismissed in Wayne County court.
Starrucca Borough is in litigation with the adjacent township over the municipalities' boundary lines.
One main issue is where Kellogg Road is located - in Starrucca Borough or Scott Township. The dead-end road is currently being maintained by Starrucca, but several council members believe Scott Township should be maintaining it.
Lawyer Lothar C. Holbert, representing the township, has filed paperwork requesting the court dismiss the case.
He cites how the boundary map the borough wants to be declared official - in which Kellogg Road would be in Scott Township - "provides no detail or information to determine any boundary and is legally insufficient to establish a boundary between two municipalities."
A hearing on the matter is scheduled for 10 a.m. on March 4 at the county courthouse.
The lawsuit requests the court declare void an amended Kellogg Road map, dated Oct. 1, 2007, and prepared by Butler Land Surveying. In its place, the borough wants the court to affirm a 2013 boundary-line map done by surveyor James Rutherford.
"The 2007 borough council acted improperly by putting the amended Kellogg Road map on record, as it does not correctly show the borough boundary, based on the survey work done by the borough's own surveyor in 2007, and again in 2013, and it should not remain on record," according to the lawsuit.
The outcome of the case could determine in which municipality Darl Haynes lives. His Kellogg Road residence is currently listed as being in Starrucca, but if the boundary lines are changed the residence would be in Scott Township.
Haynes is a former FEMA agent for Starrucca council.