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Town counsel: 1955 road ordinance likely unenforceable as residents press road-vacation petition
Summary
Council discussed a petition to vacate a road tied to a 1955 ordinance and received legal guidance that the old ordinance likely lacks effect; attorney recommended following statutory petition procedures and advised disclosure of any conflicts rather than unilateral recusals.
Chair (Speaker 1) opened a lengthy discussion about a petition filed by a resident, Gary, to vacate a platted road that the town earlier improved with an 8-inch water main and a fire hydrant. Town counsel (Speaker 10) told the council the 1955 ordinance cited in the petition probably has no legal effect and lacks a severability clause, which would complicate selective enforcement.
Counsel outlined the statutory process for vacating a road: a petitioner may file under state statute, the council must…
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