Lindell council denies petition to vacate 100 East right-of-way

The Lindell Town Council on Nov. 5, 2025 voted to deny a petition by property owner Gary Dudson to vacate a portion of 100 East between 300 South and 400 South, adopting Resolution 2025-03 which takes effect immediately.

At a public hearing called by the council, opponents read a written objection arguing the 1955 ordinance Mr. Dudson cited was never recorded and therefore carries no legal force. A reader representing Ed and Christine Proctor told the council that the ordinance’s lack of recording made “that claim legally baseless and factually indefensible,” and urged the council to reaffirm 1st East as a public road.

Town legal counsel (S1) told the council that a platted road is typically dedicated to the town and not taxed, and said the town’s position was that any 1955 document either was not recorded or had been repealed in a September action. Counsel advised the council it must find “good cause” to vacate a road and described the law as disfavoring vacating rights-of-way unless statutory conditions are met.

Other public speakers presented conflicting views. Katie Dodson (S2), who said she lives adjacent to the property, argued the 1955 ordinance and subsequent town actions effectively vacated several rights-of-way and that the records should be updated to reflect that history. The council heard questions about who should pay for new roads; council members said building permits historically did not include road-connection fees and noted the town has secured outside funding to help with road development.

Council members also discussed notice and procedure. Counsel said he would verify whether the earlier notice posting complied with the public-notice requirement and, if not, the council could re-notice and re-agendize the petition. The council nonetheless voted to deny the petition under Resolution 2025-03, citing a lack of demonstrated good cause to vacate the road and technical deficiencies in the petitioner’s position.

Chair S4 read the resolution’s language and the council recorded multiple affirmative responses in roll call; minutes show the resolution denies the petition and takes effect immediately. The council did not adopt any action to vacate the road; those who want to challenge the decision were told the appellate and court processes remain available.

The denial leaves the status of the right-of-way unchanged and means the town will continue to treat the strip as public right-of-way for planning and maintenance purposes. The council also flagged the possibility of a court declaration if parties seek judicial resolution of the competing claims.