Morgan County commissioners deny petition to vacate 12-foot alley; direct staff to meet with neighbors on improvements

The Morgan County Board of Commissioners voted 3-0 on Aug. 18 to deny a petition to vacate a 12-foot county alley off Fourth Street that neighbors said provides utility and access and that property owners disputed.

Brenda Lawson, the longtime owner of a home adjacent to the alley, told the commissioners the alley has been maintained by her household since she bought the property in 1979 and said she and her renters regularly kept the alley passable. ‘‘We have a so-called motion to come child where I said judge the statute they're citing doesn't apply,’’ Lawson said during the public hearing, explaining why she wanted the county to deny the vacation. Lawson told commissioners she had hired a surveyor who located a marker from the 1950s that supports her claim the alley sits where she had long used it.

Why it matters: County staff and multiple residents raised concerns that vacating the alley could remove publicly available rights-of-way used for utilities and drainage and could shift maintenance burdens onto neighbors. Commissioners repeatedly noted that utilities run in the alley and that the county had recently repaired a drainage grate at the alley corner; several speakers warned vehicles could damage that repair and spill into an adjacent low spot and a private septic area.

During the hearing, neighbors described a separate dispute about a walnut tree. Lawson and her supporters said the tree, which stood in the alley area, was cut down without permission; the property owner who removed the tree, Danny Gary, told the board he believed he had permission and that the tree was dead and jeopardized his equipment. Justin, a highway department employee, told the board, “I did not give permission to cut down a tree.” Eddie, another highway staff member, said he had instructed a resident not to put stone on the alley because it is county property.

Commissioners and staff described two recent surveys. County discussion established that the two surveys largely agree on the alley’s location, but one surveyor noted an older pin from the 1950s that bears on the historical boundary. Commissioners and county highway staff said they could not find a reason to vacate a plotted county alley that contains utilities and drainage infrastructure.

Formal action and next steps: Commissioner Adams moved to deny the petition to vacate the alley; Commissioner Collier seconded the motion. The motion carried 3-0. After the vote commissioners directed county highway staff to meet with both property owners and to inspect and, where appropriate, grade and place stone to stabilize the drivable portion of the alley without changing the alley’s legal status. Highway staff told the board they could regrade and place stone to keep traffic off the repaired drain and to prevent vehicles from pushing into a neighboring low yard area; staff also said any work would be done consistent with the plat and without replatting the property.

Quotes from the hearing

"We've always maintained the alley," Brenda Lawson said, describing decades of private upkeep and asking the county not to vacate the alley.

"The tree was dead and rotten," Danny Gary said, explaining why he had the tree removed and that he believed he had permission to clear it.

"I did not give permission to cut down a tree," Justin of the county highway department told the board when asked whether the highway office had authorized removal.

Ending: Commissioners closed the public hearing and said staff would follow up with both property owners and return to the board or notify impacted residents if further action or a formal replat were required. The denial of the vacation preserves the county’s plotted alley and keeps public rights for utilities and drainage in place.

Votes at a glance

- Deny petition to vacate alley (motion by Commissioner Adams; second Commissioner Collier): carried 3-0.

(Other business from the Aug. 18 meeting is described in separate minutes and is not part of this article.)