By Gregory Crofton

Tribune staff writer

A dispute between neighbors on Kingsbury Grade has it all: Bears, flying squirrels, birds and a small claims lawsuit.

Jerry Hall says his neighbor has for years set food out to attract bears and other wildlife. The neighbor, Anthony Citko, denies the allegation. He says he has no desire to attract dangerous wildlife to his home, which, like most of Tahoe, has a growing problem with bears and coyotes.

The dispute has really been over Hall's construction equipment and plowing, Citko said, which has damaged his property and disrupted his quality of life at the end of the cul-de-sac they share on Glen Court.

Citko doesn't deny that in the past he has put out a tub of bird seed on the ground so wildlife can get at it. And he says he still makes it a practice to feed birds and flying squirrels by leaving seed on a cookie sheet elevated by a tree branch.

Hall claims Citko leaves out more than bird seed.

"He says it's a natural path for bears - well, it's a natural path to get to his house for a five-star brunch," Hall said. "It wasn't bird feed. It was potato chips, apples and walnuts."

In November, Citko sued Hall for allegedly damaging his lawn with a plow blade, his wife's new car with a sandblaster, and his carpet with oil that had spilled in the cul-de-sac. Hall filed a countersuit alleging Citko knowingly fed bears, which attracted them to the area and resulted in damage to his pickup.

Tahoe Township Justice Court Judge Richard Glasson, also a resident of Kingsbury Grade, ruled last week that Citko is at fault.

Glasson ordered Citko to pay $2,290.78, plus the cost of the lawsuit, for damage a bear did to Hall's Dodge on Halloween night. Citko is considering whether to appeal the judge's decision.

"I feel the judge's mind was made up right from the beginning," Citko said. "The whole decision stinks. But I don't know whether it's worth the time or the effort (to appeal it)."

In Glasson's ruling, he states as fact that the plaintiff, Citko, "attracts wild animals, including bears, to the Glen Court area by feeding them."

A footnote backing the statement reports: "Plaintiff claims to like all animals in the area, except coyotes, which plaintiff claims eats his cats. Plaintiff may unintentionally contribute to the attraction of coyotes to his neighborhood by feeding wild animals upon which coyotes might prey."

Regardless what the truth is, people do deliberately feed bears at Tahoe. Often it is a visitor who puts out the food, which is an illegal act in California, but no law prohibits the act in Nevada.

"It's a big problem," said Carl Lackey, a wildlife biologist who deals with bear problems at Tahoe for the Nevada Department of Wildlife. "People feed bears and the neighbors pay the consequence."

After a bear destroyed the driver's side of Hall's truck in October Lackey visited the area and spoke to residents about the incident.

"I didn't see any evidence, but I didn't investigate to look for evidence because there is no law against it," Lackey said. "Several neighbors in the area did complain about someone feeding bears. But there's nothing I can do about it."

Glasson in his decision found Citko negligent for failing to take ordinary care of his property. The judge wrote: "One who feeds animals must do so in a fashion that will not attract dangerous wild animals to his neighborhood. Plaintiff's actions are more than negligent, they are intentional.

"Douglas County has adopted a public policy that provides that it is unlawful for one to merely negligently allow bears access to residentially stored foodstuffs. Plaintiff's negligent and intentional actions in feeding bears violate the declared public policy of this county."

- Gregory Crofton can be reached at (530) 542-8045 or by e-mail at gcrofton@tahoedailytribune.com