Resident presses council over Burger Road vacation, title searches and unpaid legal invoices

Angelina Benny, a Highland Lakes resident, told the council the township denied a request to vacate Burger Road in February but that subsequent township records and email exchanges suggest professional work continued on the matter. "The proposal of vacation was denied, as you remember, back in February," she said, and added that she had found an invoice for professional services through April 30 for $1,395 related to the Burger Road vacation and a later deposit on the same matter.

Benny asked the council to explain what actions the township took after the denial, why a title search continued after the vote, and who would be responsible for legal fees if the work was charged to taxpayers. "I respectfully request the township to formally acknowledge the property as a public right of way and enforce the applicable ordinances and mark the boundaries," she said.

Council members pressed staff for details and raised procedural concerns. One council member, who said he had read the email chain, said he was "very uncomfortable" that township professionals continued correspondence and work around a matter the council had voted not to approve. "Why are we spending money on this? Why are we talking with professionals about this, and why are we giving opinions on the way that we voted months after the fact?" he asked.

Mayor (speaking for the administration) said the objective of the title search was to identify historical records to determine ownership and clear up the unusual parcel and roadway boundaries. "That's what the title search is for," the mayor said. "Trying to find out the historical data on that road. Then we find out. Then there's closure on it." Staff added that some legal and title work is commonly paid from developer escrow when applicable, but that the council would need to confirm specific invoices against escrow records.

Council members also raised alarm about a line in the email chain that discussed auctioning off a right-of-way before ownership had been established. One council member said those discussions made him uncomfortable. "That doesn't sound like you're just trying to end the dispute," he said. "It sounds partial, and that's what's making me uncomfortable about the whole situation."

Council discussion at the meeting focused on two practical next steps: (1) complete the attorney's title search to determine who holds legal title to the land and whether the right-of-way is township property, and (2) determine whether the work already performed was charged to escrow or the township general fund. Several members urged that, if the dispute is between neighbors, the parties should consider private legal remedies and that the township should avoid taking sides until ownership is clear. The council asked staff to provide supporting documents (invoices, escrow transaction detail and the title-search findings) at a future meeting.

The matter was not resolved during the meeting; council members agreed the title search is necessary to establish ownership and to decide whether any further township action is appropriate.