Woman claims ordinance cost her $28,000

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BILLINGS (AP) -- A Ballantine-area resident is suing Yellowstone County, saying the county violated her constitutional and civil rights when it removed personal property from her land under the county's community decay ordinance.

Linda Kapsa's lawsuit says she lost $28,000 worth of property in the forced cleanup in December and now has a $6,300 cleanup fee filed as a lien against the property.

''I couldn't believe we live in a country where people can walk onto your property, accompanied by a deputy, and take anything they choose or please," Kapsa said. ''I was flabbergasted."

Kapsa's lawsuit also says the county's community decay ordinance is unconstitutional and seeks to strike it down.

In November 2001, Yellowstone County commissioners ordered Kapsa to clean up refuse at her residence or someone would be hired to do it.

After she appealed the order, commissioners upheld the cleanup order.

Over three days in December, workers removed vehicles and parts, lumber and other building materials, working equipment, fencing, feed troughs for livestock, and other personal property, the lawsuit says.

''Without any legal process or warrant, defendants entered Kapsas' currently and legally registered vehicles and removed numerous items, including food products, groceries and personal items," the suit says.

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