Neighbors, county debate closure or improvement of unbuilt Dawn Street in Munger

Residents of Munger asked Ellis County commissioners on June 17 to improve an unpaved alley and the unpaid portion of Dawn Street so they could access the rear of a property and reduce mud and potholes.

David Velizing and Stephanie Leathhead, owners of a Munger Airbnb, said the alley is used by multiple residents and service providers and requested a low-cost surface such as gravel or crushed concrete. They said an adjoining neighbor at 877 Moscow has been obstructive, claiming ownership of the alley and the unbuilt portion of Dawn Street despite county records showing public right of way.

Bridal McHale, identified in the meeting as Ellis County public works director, explained that the unpaid portion of Dawn Street is a natural drainage area used for water storage; utilities are present in the area and building a roadway would require relocating utilities and addressing stormwater flow onto neighboring property. County counselor Bill Jeter and staff noted legal distinctions between closing a road to vehicle traffic and vacating a right of way: closure would retain the public right of way but limit vehicular use while vacating would transfer ownership and require new easements for utilities and likely relocations.

Commissioners discussed three main options: (1) do nothing and leave the area as an unbuilt right of way, (2) formally close the roadway to vehicular traffic while preserving utility access, or (3) declare the roadway a "minimum maintenance" road under Kansas law (which can affect liability under the Kansas Tort Claims Act). Several commissioners said they were inclined to leave the area largely as-is but to consider a minimum-maintenance designation to reduce the county's exposure. County counselor Bill Jeter warned the county retains exposure to liability while it owns the right of way unless vacated or declared minimum maintenance per statute.

Property owners and the local church had previously expressed support for a closure to vehicle traffic, and two of the three adjoining landowners had signed letters asking for closure. Some residents noted the area floods when it rains and that prior attempts to place rock were washed out.

After discussion, commissioners took no formal action on the request. Staff listed two possible follow-up items: (a) prepare a resolution and signage to declare the roadway minimum maintenance (if the commission directs that route), and (b) bring the item back to the July meeting with additional petitioners present. The commission’s recorded outcome was "no action taken."