Imagine this: you decide to build a small landscaping wall in your back yard to keep your soil from eroding away into a ditch. You obtain the proper permits, finish the wall and are confronted by a multinational agency, which in turn draws the attention of the US Justice Department and the White House, spawning several law suits. Not only that, these lawsuits could affect the future of the US relations with its neighbors, as well as the power of the US government over landowners’ rights.

Well, that’s exactly what happened to Herbert and Shirley-Ann Leu. They overlooked one simple fact that did not come up as an issue until the four-foot landscaping wall was finished.

Despite owning the property the wall sits on, it is in a 10-foot buffer zone right on the U.S.- Canadian border, which must remain clear. Local officials never mentioned a potential issue, but Dennis Schomrnack, a representative from the International Boundary Commission, told the Leus they must move the wall or the Commission would remove it at the Leus cost.

The Leus case was taken up by the Pacific Legal Foundation, a public interest law firm that handles property rights cases involving government regulations and liberal environmentalists. When it began to look like the US Justice Department would settle with the Leus, Schornack tried to stop the process, saying, "What's to stop any other property owner from building an even bigger wall near the border?"

Not long after, Schornack was fired and is now trying to take the Bush administration to federal court. Schornack’s lawyer has asserted that Schornack was fired for doing his job instead of simply following orders.

Schornack also said that he did not believe the president could fire him, since he works for a multinational organization under the influence of a treaty instead of US law.

It remains unclear what will happen, but the Leus have not yet moved the wall nor finished their landscaping, and Schornack’s suit with the Bush administration is still pending although he has not returned to his former post.

Although on one level this is a simple matter on the placement of a wall, it has the potential to create a precedent for the ability of the U.S. government to prevent land owners or investors erecting a wall or fence along the U.S.-Mexico border. For this reason, this case could effect the future relations between the United States and Mexico, as well as vigilante activity on the border, and questions about the rights of landowners.

Posted by Louise.

Louise also writes for Creative And Unique Gift Ideas.