Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Sidewalk Dispute topic
No spam. Unsubscribe anytime.
Burbank council votes to pursue declaratory judgment over sidewalk at 215 E. Middle Street
Summary
After public comment, the Village of Burbank voted unanimously to pursue a declaratory judgment to resolve who controls the sidewalk at 215 E. Middle Street and appropriated up to $300 for filing; residents proposed easement options.
The Village of Burbank council voted Feb. 5 to pursue litigation to determine legal rights over the sidewalk at 215 E. Middle Street and appropriated up to $300 to cover filing costs.
Solicitor Allan Michelson told the council a declaratory judgment is necessary "to end this discussion once and for all," noting the disagreement between the property owner and the Village over authority for the sidewalk. Jay Byler moved to pursue litigation; Terry Moore seconded, and the motion passed 4–0. The council then approved a separate motion, also 4–0, to appropriate up to $300 to file the lawsuit.
During public comment resident Michael Graves asserted he has the right to act on the sidewalk because it is "outside of the right-of-way," and listed other addresses he believes show zoning violations. Jamie Long said she wants the remaining sidewalk at 215 E. Middle Street removed, offered to grant an easement for the property in question, and said removing the previously removed section redirected water away from her home. Allan Michelson confirmed these disagreements are why the Village is seeking judicial clarification rather than resolving the matter administratively.
Council did not authorize immediate physical work on the sidewalk; instead, the Village authorized filing suit to obtain a court determination on legal rights and responsibilities. An appropriation of up to $300 was approved to allow the Solicitor to file the declaratory-judgment action.
