Morgan County court closes Lucian Lane to through traffic after heated public comments

Morgan County Fiscal Court voted Thursday to close Lucian Lane to through traffic “due to maintenance” and post signs immediately, after dozens of residents and the property owner’s supporters spoke during a lengthy public-comment period about a long-running dispute over access, gates and the road’s status.

The court’s action came after public commenters said a gate previously placed on the road and a forestry map issue had blocked motorized access into a section of national forest and upset neighbors. Judge (presiding) made the motion to close the road “until we get this worked up,” which the court adopted by voice vote.

The vote follows extended public comment from residents and supporters who delivered a petition they said contained 413 signatures asking the court to keep the road open as a county road. Several speakers said they had been unable to resolve the dispute with the county and with the U.S. Forest Service, and they asked the court to arrange a forum for the homeowner to present her case directly to the fiscal court.

Scott (resident) told the court the Forest Service had told county representatives the road “is not on the motor vehicle use map” and that adding motorized access would require a federal approval process, including impact studies. He said he and others were seeking a meeting that included the homeowner and all relevant agencies so “everyone [would] have a fair understanding of all this.”

A number of residents described safety and nuisance problems on the road before the gate was installed — including trash, vandalism and alleged criminal activity — and said the gate and signs were a safety measure. Others countered that county roads cannot be closed to some residents but not others and said the homeowner has a right to seek access to her property.

The court also discussed whether the county had previously agreed with the Forest Service to install a gate and whether the matter had been handled administratively rather than as a vote of the fiscal court. County Attorney (unnamed) advised that removing a road from the county system or otherwise altering public rights typically requires statutory processes or, ultimately, a court decision if ownership or access is contested.

After extended comment, a resident asked the court to place the homeowner on an upcoming agenda so she could appear in person. The court agreed to check calendar availability and tentatively set March 27 as a date that could accommodate the homeowner’s travel; magistrates said they would try to avoid last-minute cancellations. The judge said the closed sign would be posted and that the county would pursue maintenance work to address immediate safety issues.

The court did not resolve the underlying legal questions about whether the Forestry motor-vehicle-use map precludes motor vehicle access on the portion of road in question. Several speakers said they possess Forest Service correspondence and recordings of a district ranger meeting that they said support their positions; court members said they would follow up with the agency and make the record available to the court.

The court’s motion to close Lucian Lane was presented as a safety action and approved by voice vote; the record shows the motion carried.

The court also said it would seek to set a special or agendaed hearing in March to allow the homeowner to present documents and to invite the Forest Service representative to participate, though no formal date for such a special meeting was finalized in the transcript.

Residents at times exchanged heated remarks and repeated requests that the court provide a transparent forum for the homeowner. Court members urged parties to provide written documentation they referenced to the county clerk so the court can review it before any follow-up meeting.

The closure and the commitment to pursue a forum for the homeowner are the court’s immediate actions; the transcript records that the court will follow up with the U.S. Forest Service and review the documentary evidence that speakers said exists.