LEGAL action by a community group over a parish council’s erection of the controversial fence which resolved a long-standing dispute has stalled.

Hurworth Parish Council chairman Ian Holme has told The Northern Echo he has yet to receive papers confirming Hurworth Residents’ Action Group (HRAG) is taking legal action against the council.

But Chris Close, representing HRAG, said he handed in the papers to Darlington County Court before Christmas.

Court papers usually take a maximum of three days to be served in person to parties; if they are served by first class post, this could take longer due to the postal system.

HRAG are seeking an injunction to compel the council to tear down the 2.4m fence, which was put up in November at Hurworth Grange Community Centre.

The fence was erected to bring an end to a long-standing legal dispute between Hurworth Parish Council and Gary Orpen.

The row arose after Mr Orpen claimed the parish council had failed to take sufficient steps to prevent vandalism to his property by youths congregating at The Grange.

However, HRAG feel the land should remain public and say they have submitted an injunction in an attempt to have the £8,000 fence taken down.

Mr Close said he had handed the papers into the county court before Christmas and claimed the delay in serving may be down to the festive break.

"While recognising the issue of the fence at Hurworth of public interest, the papers have been lodged with the county court and process takes over," he said. "This matter is now under the court's jurisdiction and subject to no further comment from me."

Mr Holme said: “Hurworth Parish Council was led to believe some weeks ago that injunction papers had been served to the county court. Contrary to the assertions of others, no legal papers whatsoever have been received by this council.

“Therefore, we are currently making formal enquiries with the county court to ascertain the current position.

“If and when any such papers are received, an appropriate response will be agreed.”