The federal government in April improperly took possession of an alley east of the Ewing Kerr Federal Courthouse, which has harmed the alley's use by neighboring landowners William C. Kirkwood and his business Metro Inc., according to court documents filed last week.

The federal government wasn't even polite about it, either, Kirkwood's attorney wrote in court documents filed Monday.

"Absent some compelling reasons such as a declaration of martial law in Casper, it would seem fundamental fairness would dictate that property owners would be given an opportunity to object to the Government's unilateral actions," wrote Denver attorney Timothy Flanagan.

The U.S. General Accounting Office, through Wyoming U.S. District Attorney Matt Mead, filed a condemnation of the city of Casper-owned 4701-square-foot alley behind the courthouse at 111 S. Wolcott on April 17, and took possession of it the next day, according to court records.

Since Sept. 11, 2001, the government has required a certain amount of open space around federal courthouses, which is why the Morad Building on Wolcott Street and the building that housed the Two Tymers consignment shop on First Street were demolished last year.

The alley figured into the security concerns.

The city of Casper had no problem with the condemnation and Natrona County had no involvement in the issue other than a possible lien.

Kirkwood and Metro Inc. admitted the city held title to the alley.

But they claimed an interest in the alley because they use it for street access and emergency services such as fire department access to their property. They receive utilities along the alley, and garbage collection and deliveries are made from the alley, according to Flanagan's answer to the federal government.

Kirkwood and Metro Inc. also claimed the federal government did not notify them about the taking of the alley, it had no authority to take possession of the alley, it had no right to issue an ex parte (for one side only) order, it didn't negotiate, and the Casper city council must decide itself to end its ownership of a street, Flanagan wrote.

They want the court to set aside the order or to have the opportunity to challenge the federal government's action.

The taking of the alley leaves only the decision about how much the federal government should compensate the city.

Flanagan said Friday U.S. District Court Judge Alan Johnson will decide whether Kirkwood and Metro will receive a hearing.

The federal government is filing a response to Kirkwood's objections, Assistant U.S. Attorney Steven Sharpe said Thursday.

Property condemnations are rare, and Sharpe said this is the first one he's filed in his five years at the Department of Justice.

"It's not a very frequent thing, which is good," he said.

Reach Tom Morton at (307) 266-0592, or at Tom.Morton@casperstartribune.net.