Harrisonburg council vacates city interest in alley adjacent to Newtown Cemetery to protect potential unmarked graves

Harrisonburg City Council on June 24 voted unanimously to vacate the city's interest in a 17-foot alley that runs the length of a block adjacent to Newtown Cemetery, after staff and outside researchers presented evidence suggesting the alley area may contain unmarked burials.

City planner Adam (presenter) told council the alley was dedicated under the city's Early Subdivision Act (recorded 1909) and explained that such alleys are public easements while title remains with original dedicator heirs. He said the trustees' next step, if the council vacated the city's interest, would be to petition the court seeking quiet title; only if title is obtained would the trustees then pursue any special-use permit required for cemetery expansion in the R-2 zoning district.

Quentin Callahan, attorney for the Newtown Cemetery trustees, asked council to select staff's Option 1 (vacate the city's interest with no reservation of public easement). Callahan said the trustees planned to pursue quiet-title in court and…