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Planning director and county counsel disagree on whether Walker Alley vacation requires a hearing
Summary
Planning Director Darwin Johnson Jr. said ORS 368.326–368.366 allows approval of an alley vacation without a hearing if the road superintendent approves; County Counsel Paige Sully disagreed and recommended a hearing. The board deferred action to regular session.
A dispute over process arose on May 20 when Planning Director Darwin Johnson Jr. and County Counsel Paige Sully disagreed about whether a Walker Alley vacation request required a public hearing.
Director Johnson said that under ORS 368.326–368.366 the county could approve an alley vacation without a hearing if the Lake County Road Superintendent provided approval. "If they received an approval from the Lake County Road Superintendent Kevin Hock there would be need for a hearing, per the statute," Johnson said (clarifying that approval could affect the need for a hearing). County Counsel Sully argued the request did not meet the statute’s requirements and recommended holding a hearing to decide the issue.
Why it matters: Alley vacations change public-rights-of-way and can affect adjacent property owners and county maintenance responsibilities. The threshold for whether a hearing is required determines public notice and opportunity for comment.
What’s next: Commissioners deferred formal consideration to regular session, where staff will provide further legal and procedural analysis.
