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Starke County commissioners keep disputed lakeside access open as resident signals legal challenge
Summary
Residents pressed the commissioners to block a lakeside path they say is being used as a private driveway, but the board upheld its position that the route is a county road and said it will defend any court challenge. Staff urged caution about discussing legal strategy in open session.
The Starke County Board of Commissioners on Monday told residents a contested lakeside route will remain a county road while the county awaits any legal challenge, after neighbors raised concerns that a property owner was treating the route as a private driveway.
The dispute surfaced during public comment, when a resident who brought a title search said records and a 2005 meeting note cast doubt on whether the county had formally accepted the segment as a public roadway. "The assertion is potentially it's not a county road," a staff member said while summarizing the paperwork the group provided.
Chair said the county's current position is unchanged: "Right now, it's a county road," the chair said, adding the board will not block access. Commissioners told the meeting that a private party could file suit and that the county will defend the record it currently holds. "If they file against us, we'll defend it," staff added.
Residents pushed back, pointing to fire and water-rescue uses of the access and recounting a decades-old recovery operation to underline emergency access needs. One speaker said the paths serve as critical water-rescue and fire-access points around the lake, and asked the board not to close or gate them.
Staff and commissioners warned the public that open meeting rules limit how much legal detail can be discussed in a public forum. "These meetings are all open ... If a lawsuit is filed it is in the commissioner's benefit that they don't comment on their legal position," a staff member said, advising people that public statements can be used in court filings.
No formal change to the road's status was made; commissioners said the status will remain the same unless altered by an official board action or a court ruling. They asked staff to review records and agreed to place any new, properly noticed agenda item before the board if further action is requested.
