About a month ago, the Christ Ministries Baptist Church at 5 Market Street ordered that Dameris "Maggi" Kutner, of Maggi's Country Store and Café on the corner of Market and Canal Streets, remove the propane tank from the small alleyway that conjoins the two properties, because the church's property line extends to the edge of the building Kutner occupies.

Kutner, who rents her space at 129 Canal Street from Rick Cowle's Source Properties, Inc. (which also rents office space to the Shawangunk Journal at 1 Market Street), uses the propane tank to run her restaurant. Despite the fact that the tank is on the church's property, she has run her business for the past two years without any problem. Furthermore, the business's backdoor opens up onto the alleyway, and also provides access to the building's basement. Cowle, too, was taken off guard by the dispute.

"I was surprised," said Cowle. "I've owned this building for almost seven or eight years, and I didn't know [the neighboring property line extended to the building's edge]."

Over the course of the month, the fate of Maggi's Café was thrown into question. Kutner, who runs the business with her husband Eric, did not know how long she would be able to stay open, since she was served with a notice from the Village of Ellenville's building department ordering that she remove the tank by April 20 — until this week's intervention of property owner Rick Cowle, who, in addition to being president of Source Properties, Inc., is also a lawyer whose practice is based out of Carmel.

"I now have a temporary restraining order against the village and against the Christ Church," said Cowle.

The restraining order will prevent either the church or the village from taking any action regarding the tank until after the case is heard, which will happen in the Ulster County Supreme Court on May 6, where Cowle will seek an easement to allow for the tank, as well as for the placement of garbage cans for both Maggi's and the Journal in the alley.

"I've got to have the tank because my tenant would be out of business," said Cowle. "I'm going for an easement for there to put my things [such as garbage cans and the tank]. I need access to the basement, my oil people have to come in to get in and out of the basement, so there's some issues there.

"People have been going in and out of there since 1920, so I'm sure I'll get my easement."

Attempts to speak with representatives from the Christ Ministries Baptist Church for this story were unsuccessful.

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