Council advances petition to vacate old Fir Road right-of-way after residents object to proposed path
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Summary
The council sent Bill 51-25 favorably after public testimony from Quail Ridge Villas and Quail Ridge South residents who opposed a proposed Granger Path spur through their backyards; petitioners and homeowners urged vacating the unused right-of-way that dates from the subdivision’s reconfiguration.
The Saint Joseph County Council on July 8 voted 9-0 to send Bill 51-25 favorably to vacate a segment of old Fir Road right-of-way in Penn Township that now lies between the new Fir Road alignment and a private subdivision.
Petitioners said the right-of-way has been unused for years and that vacating it will return the land to adjacent homeowners and the subdivision’s association. Terry Lang, attorney for the petitioners, said the area is overgrown and is used as a retention area; he provided a petition signed by 31 residents supporting the vacation. He told the council utilities would retain easements if the right-of-way is vacated.
Multiple residents told the council they oppose routing a proposed Granger Paths multiuse trail through the vacated corridor and into the subdivision’s cul-de-sac. David Smesser, a homeowner and HOA board member, said residents learned only recently that the trail group planned a spur into their neighborhood and that they opposed the trail entering private yards. “We were able to, to go for the petition,” Smesser said, explaining neighbors organized and signed a petition to vacate.
Other residents cited privacy, safety and lighting concerns for children and families if a pathway were to pass directly behind homes. Bruce Harley said the corridor functions as common green space for the villa area and warned that opening it to through traffic would change the neighborhood character. Carolee Robertson, an owner whose property borders the corridor, said prior utility work already reduced vegetation that formerly shielded backyards and called additional through-traffic “noisy.”
Area Plan Commission staff and the county engineer and surveyor reviewed the vacation request and reported no objections; APC staff said the former right-of-way became unimproved after the reassignment of Fir Road and that vacation was reasonable. Sean Klein, APC director, said the roadway was effectively terminated with a cul-de-sac after the reroute and that the vacation would formalize current use.
Council members noted the project’s history — the right-of-way was created and later rendered obsolete during earlier road relocations — and acknowledged residents’ privacy concerns. Councilman Thomas moved to send the bill favorably; Councilwoman Drake seconded. The motion passed on a roll call vote of 9-0.
Next steps include formal recording of the vacation if subsequent ministerial steps are completed and any required easements for utilities are retained. The council and staff said they received petitions and letters from homeowners documenting support for the vacation and opposition to routing a multiuse trail through private yards.
