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Commissioners open alley at petitioners' request as first step toward closure and conveyance
Summary
Following a public hearing, Allegany County commissioners voted to open an alley petitioned by property owners Vince and Jody Montana; opening the road is the required first step before a later meeting can close and convey it to the petitioners.
A public hearing on a petition to open and then close a county alley for conveyance to private owners concluded with commissioners voting to open the roadway as the first step in the statutory two‑step procedure.
Attorney Wayne Heffner presented the petition on behalf of clients Mr. and Mrs. Montana and said both sides of the alley are owned by the petitioners and that his clients had found no utilities in the alley. "Most importantly, that both sides of the alley that we are requesting you to open so that we can then close are owned by the petitioners in this matter," Heffner said.
County attorney Lee Beeman confirmed county records show ownership by the Montanas and reported no utility rights‑of‑way or public comment in opposition. The commission took a voice vote to open the roadway; staff reminded the commissioners that opening is the first step and that a subsequent meeting is required to close and convey the road to private ownership.
Clarifying details: staff said the absence of utility right‑of‑way and lack of public opposition were based on searches and no public comments were received at the hearing. The opening does not itself convey property; it authorizes the county to proceed to the formal closure step at a later public meeting.
Provenance: petitioner presentation: 00:01:30'00:02:04 (Heffner description); county counsel confirmation and motion to open: 00:03:11'00:03:13 (Beeman confirmation and open motion/voice vote).
