BURLINGTON — Sanitation district officials and a Wyoming couple will submit their arguments to a Boone County judge today in an eminent domain case.

        It's the next step in a case pitting Sanitation District No. 1 against Donald and Marian Stites. The district is trying to use eminent domain to purchase 144 acres of the Stites' 500-acre Boone County property to build a western regional wastewater treatment plant.

        Briefs will be submitted to Judge Joseph “Jay” Bramberger.

        “Testimony concluded two weeks ago,” Jeff Eger, manager for the Sanitation District. “The judge directed the attorneys to submit their briefs, their opinions. It's a summary of the facts, issues and evidence.”

        The district has offered the Stites' what officials called a “fair market price” for the land just north of Belleview. They would not disclose the amount.

        “We want to be permitted to exercise our right of eminent domain and pay them a fair market price for the land,” Mr. Eger added. “We offered them an amount but that's a nondisclosed amount. If they would not accept that, the court would determine the amount.”

        The land is along the river in unincorporated Boone County. The district wants to purchase the southern part.

        “They are trying to take 75 to 80 percent of our tillable land, ” said Mr. Stites, 72. “They're trying to take the most valuable part of the land.”

        The Stiteses use the property, which has been in the family for 60 years, as a vacation home, and also have two rental houses there.

        “We spend a great deal of time there in the warmer months,” Mr. Stites said.

        A date has not been set for Judge Bramberger's decision, but it could come in the next week or so.

        “He has a lot of material to review,” Mr. Stites said, adding that he is trying to stay positive. “We think we have a very strong case.”

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