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Land dispute hits new snag

Judge excuses self from case

MIDDLESEX TWP — A long-running property dispute hit its latest snag Tuesday after a judge excused himself from the case.

The dispute started in 2013, when plaintiffs Jeff Bonifate and Craig Pracht sued members of the Tisdale family over their use of a 50-by-400-foot strip of land, saying that the land should be split between the Pracht, Bonifate and Tisdale properties.

The Tisdales argued that the land belongs to them, according to a state code that says untitled land goes to the property owner who used it after 21 years.

Middlesex Township also has been involved in proceedings associated with the lawsuit, as the land has been used by the township to hold plowed snow during the winter.

The dispute has now entered its sixth year. As it's lingered in the court system, the property has been surrounded by yellow posts, chains and other barriers by the plaintiffs in an effort to keep the Tisdales from passing through, other than to access a row of mailboxes. In addition to the railroad ties and orange barrels, there are surveillance cameras, which court documents say have captured alleged trespassing on the property.

This week, court documents indicate that Judge Michael Yeager is no longer handling the matter after the plaintiffs' decision to publish a confidential investigation request they made to the Pennsylvania Judicial Conduct Board in November accusing Yeager of being influenced by his relationship with the defense's attorney.

According to the filing Tuesday, Yeager chose to disqualify himself from the case “in light of the plaintiffs having filed, and subsequently published, a Confidential Request for Investigation.”

His decision to disqualify himself from the case does not admit any fault or impartiality, but merely excuses him from the matter. This is different from a recusal, which would cite some impartiality.

On Tuesday, the parties met at the courthouse for the latest hearing on the case.

According to attorney Doug Linn, representing the Tisdales, the hearing was originally called as a necessity to begin steps to take the dispute to trial. But once it began, he was surprised to hear Yeager announce he was disqualifying himself from the case due to the plaintiff's actions filing and publishing their complaint.

In it, Linn said the plaintiffs accused Yeager of being influenced by his relationship with Linn. Linn had represented Yeager as a client in cases in the past.

Linn said this prior relationship was disclosed by Yeager when the defendants brought Linn on in July, and no complaint was filed until November.

Linn said he and Yeager are not close, and that he found the public accusation that he had done something improper defamatory.

Plaintiff Jeff Bonifate declined to comment for this report. Plaintiff Craig Pracht and the plaintiffs' attorney did not return requests for comment.

With Yeager's decision to disqualify himself from the case, Linn said it could be another few years before the dispute can draw to a close. Defendant Joanne Tisdale said she and her family were frustrated by the position and are unsure about what will happen next.

“I'm so frustrated with everything that's going on,” Tisdale said. “We're the defendants, so I don't know where this goes from here.”

Linn said the parties will now have to find a judge, possibly one from outside the county if one from Butler is unable or unwilling to take the case.

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