An out-of-hand property dispute in Sennett has caused the Cayuga County District Attorney's Office to call in a special prosecutor to avoid a possible conflict of interest.

State police said Bruce Budelmann, 67, the father of Cayuga County District Attorney Jon Budelmann, was charged with second-degree harassment, a violation, after his Wegman Street neighbor, Amy Rose, 43, accused him of hitting her in the foot with a ground stake.

Troopers said the elder Budelmann allegedly pulled several stakes out of the ground on March 7, claiming Rose had put them on his property. Budelmann then allegedly tossed the stakes onto Rose's property, when one of them landed on and cut her foot.

Troopers said the neighborly dispute began when Bruce Budelmann claimed Rose was building a fence on his property.

Troopers also said this was not the first time they have responded to a dispute regarding the neighbors' property lines. In November, Rose was charged with second-degree harassment for throwing leaves at Bruce Budelmann during a prior incident.

With both Rose and Budelmann scheduled to appear in front of Judge Richard Timian in Sennett on Wednesday, Jon Budelmann said he has asked Onondaga County District Attorney William Fitzpatrick to prosecute the case for him in order to remove any issues of impropriety.

Budelmann has often used a special prosecutor whenever conflict of interest issues arise, the most recent of which includes a pending domestic violence case against Cayuga County Legislator Daniel Sincebaugh, where a representative from Seneca County has been called in.

“When my father was summoned I filed an application for a special prosecutor because obviously I can't handle (this case),” Budelmann said.

Timian would not comment on why he ordered both Rose and Budelmann to appear in front of him, but said Rose was already arraigned during a previous court appearance.

Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net