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Lumberport council votes not to abandon alleyway dividing Rinehart and Bennett properties
Summary
At a Sept. 17 special meeting, the Town of Lumberport council considered a petition asking the town to abandon an unused alley that petitioners say prevents sale of their properties; council member Tom Exline moved to deny the abandonment, a motion that carried with one recorded abstention.
The Town of Lumberport council on Sept. 17 considered a petition from nearby property owners asking the town to abandon an unused alley in the Harter Addition, but council members voted to reject the request.
The petition, dated Aug. 30, 2024, was filed by George H. and Terry L. Rinehart and David G. and Patricia A. Bennett and was drafted with help from real estate agent Jennifer Newman. The petitioners said the alley runs between their homes and garages, has not been used as a throughway or maintained in more than 50 years, and leaves the owners with non-contiguous parcels that make future sales difficult.
Council member Tom Exline moved that the council not abandon the alleyway; Judy Cleavenger seconded the motion. The meeting record notes Council member Michael Stire abstained; the motion carried. The minutes do not provide a full roll-call tally or a written ordinance number, and do not record a formal transfer of property rights. After the vote the council moved to adjourn.
During discussion before the motion, Council member Judy Cleavenger asked petitioner George Rinehart clarifying questions about the property and Council member Tom Exline asked what uses or structures were on the alleyway. Exline also said that the town could not sell property, and Council member Richard Desist suggested giving the alley to the Rineharts — remarks reflected in the meeting minutes but not recorded as formal directives.
The petition packet attached to the record includes GIS imagery noting the alley outlined in blue, references to previously abandoned alley segments in the area, property addresses and lot descriptions in the Harter Addition, and signatures dated Sept. 5, 2024. The petition also notes Michael J. and Bettie S. Gillispie as adjacent owners whose parcel touches the alley but who said the alley does not adversely affect their property.
The minutes do not specify next steps for the petitioners beyond the recorded vote. The meeting record lists attendees and the recorder; the council adjourned after the vote.
