A Middleport church asked Schuylkill County Court on Thursday to force three property owners to guarantee it access to its cemetery in Blythe Township.
In a four-page complaint, St. Paul's Lutheran Church alleged it has used a private road across the property of Kevin Dempsey, Wendy Dempsey and Elizabeth McClure, all of Middleport, for more than 50 years and, therefore has the right to continue to do so.
"(The church's) use of (the road) was open, notorious and adverse for in excess of 50 years," according to the complaint.
The church asked the court to bar the Dempseys and McClure from interfering with its use of the road. It also asked that they be forced to return the road to its original condition and pay its costs and attorney fees.
St. Paul's alleged that problems started in 2002, when the defendants entered the cemetery, removed timber and damaged the access road.
Problems continued in 2004, when the defendants blocked the road, which they continue to do.
"(St. Paul's) has on numerous occasions over the years asked the Defendants to cease and desist from blocking (the road), however, on each occasion Defendants have refused," the complaint reads in part.
Furthermore, the defendants admit the church has the right to use the road and that they have improperly removed trees from the cemetery, but they refuse to allow it to use it, instead suggesting the church use other access, according to the complaint.