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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 follow the legislative procedure, and the ultimate decision to grant or deny a petition is an up-or-down council vote. Counsel advised that if the town will not act based on the 1955 ordinance, it could adopt a formal resolution stating the council does not rely on that document to end repeated disputes.
Several council members said they were reluctant to abandon infrastructure investments. Chair (Speaker 1) and others noted the town had spent roughly $15,000 on water-main work and installed hydrants to improve fire access, and they signaled unwillingness to walk away from that investment simply because a petition was filed.
Counsel (Speaker 10) also explained practical consequences of vacating a road: at recordation the right-of-way typically divides among adjoining parcels and title work (boundary adjustments and deeds) must be used to avoid creating small remnant strips. Counsel recommended the council require a formal petition before placing the item on an agenda, direct the petitioner to public-notice resources, and limit public-comment time if needed.
No formal vote to accept or deny the petition appears in the transcript. Council members agreed to advise contractors and residents of possible upcoming work and to proceed with normal petition procedures should the petitioner pursue statutory action.
The council did not adopt a final resolution during this meeting; members instead received legal counsel and agreed to follow the formal petition process if and when a filed petition arrives.
