NATCHEZ — An Adams County resident said the inaction of the Adams County Board of Supervisors caused him to file complaints to the attorney general, ethics commission and state auditor offices.

Lyn Wirtz said he brought an issue about his neighbor to the attention of the board two-and-a-half years ago and the board’s handing of the situation is what has caused him to file the complaints.

Wirtz said he was disturbed to learn on June 3, 2008, that his neighbor used heavy equipment to flatten an embankment and cut down trees lining Dunbar Road near his home.

Wirtz said he believed his neighbor, Harold Barnett, removed un-estimated amount of timber and $10,000 worth of dirt that day.

Since Wirtz thought the land was county-owned, he presented the issue to the Adams County Board of Supervisors at its regular meeting 10 days later.

Wirtz said in an interview last week the board has acted in “bad faith” by failing to address the issue or respond to his grievance.

When he first approached the board, he was asked to deliver an attorney general’s opinion that the action in question was unlawful.

Wirtz said he gave a copy of an attorney general’s opinion about a similar issue concerning county easements to each member of the board in January 2009.

“This letter pointed out a number of reasons why the board of supervisors simply cannot allow individuals to ‘help themselves’ to timber and roadway,” Wirtz said of the attorney general’s opinion.

Wirtz said he filed the complaints after the board made a decision to do nothing about the matter in February 2009, when the board wrote him a letter telling him the issue was considered over and asked him not to approach the board about it in the future.

The county has since hired attorney Bryan H. Callaway to deal with Wirtz, whose legal fees have been paid with county dollars.

The attorney general and ethics commission declined to offer an opinion or ruling on the matter and the state auditor failed to reply to Wirtz’s complaint.

Wirtz said he understands why the agencies he filed grievances with declined to rule on either side.

“In a way I can see their position. When a board of supervisors is ignorant/disdainful of law and established procedure, it is a ‘local problem,’” Wirtz said.

“It is up to the people of this county to take action against the board.”

At a Sept. 7 open meeting, District 2 Supervisors Henry Watts said in front of the TV camera that the attorney general sided with the board on the matter.

Wirtz said he wants a correction of the public record, which Watts has refused to make on camera at an open meeting in reference to his comments that the attorney general ruled in favor of the board rather than choosing not to make a ruling.

“Mr. Watts’ comment was at best, erroneous,” Wirtz said.

Watts rephrased his statement Tuesday in an interview with The Democrat.

“The attorney general has not notified the board of any wrongdoings by the Adams County Board of Supervisors on their part,” Watts said.

Board Attorney Bobby Cox said Barnett’s deed reads that he owns the property to the middle of the road, so he had the right to move dirt along the side of the road as long as it did not affect use of the road with the county easement.

Cox said Wirtz wanted the board to enter into a lawsuit with Barnett, but that was not the desire of the board.

District 1 Supervisors Mike Lazarus said he believes the issue could have been resolved if the board called in Wirtz’s neighbor and addressed the problem when it occurred two-and-a-half years ago.

Wirtz said last week he probably would have been satisfied if neighbor admitted some fault and took responsibility for his actions right after it happened at the request of the board.

Lazarus was the minority in a 4-1 vote to send a letter to Wirtz indicating the issue was considered over and he asked him not to bring up the issue to the board again.

“As far as legal standpoint, I’m not an attorney, but I understand why Mr. Wirtz can be upset,” Lazarus said.

He said he wishes the board would have taken the matter into its hands more from the beginning and avoided allowing the issue to boil over.

“Too many times the supervisors take a hands-off approach,” Lazarus said.

Board President Darryl Grennell and Lazarus said the legality of the original Dunbar Road situation was unclear — and they are still uncertain whether Barnett had the right to remove the land.

Grennell said he does not think the board ignored the problem.

“When we were first confronted with (the issue), the board directed the board attorney to look into it from a legal side, so from my perspective, no, (the board did not ignore the issue).

Watts said Wirtz has burdened county officials by contacting the board of supervisors, board attorney, chancery clerk and interim county administrator numerous times.

Watts said the board received legal advice saying Barnett’s property extended to where he flattened and took the land.

Grennell said citizens buying land continuous to county roads and then flatting the land surrounding the road occurs all over the county.

“I’ve never known it to be an issue until this particular case.

Lazarus said he is not surprised Wirtz has continued to pursue the issue.

“I told (the board) that (Wirtz) is not going to quit. He is not going away,” Lazarus said.

Opinions vary about Barnett’s action, but Cox said the board’s position is solid.

He said the county does not own that land; it has an easement for maintenance and use of the road.

“There’s no confusion. We have diametrically opposing opinions as to what could be done, and I do not guess there is a way to reconcile that,” Cox said.

Barnett, who is the chairman of the Natchez-Adams County School Board, said the road still exists for which the county has an easement.

He said he has not stolen or destroyed anything to which Wirtz has accused of him.

“I haven’t done anything that impedes the county’s use of that right of way, nor my neighbors use of that right of way,” Barnett said.