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Council denies petition to vacate alley in Gregory Heights Addition
Summary
The Gregory City Council denied a petition to vacate the alley in Block 1 of the Gregory Heights Addition after outside counsel advised 100% adjoining-neighbor signatures are required; the council also left the alley unimproved and recorded an abstention by Councilmember Laura Petersen.
The Gregory City Council on Nov. 4 rejected a petition to vacate the alley in Block 1 of the Gregory Heights Addition and grant 20 feet of the alley to residents on the east side of the block. Outside counsel advised the council that, as a legal matter, "100% of the adjoining neighbors would have to sign the petition" for a valid vacation and that any vacated alley would need to be divided evenly between neighbors.
Councilmember Guhner Kepler moved to deny the petition; Cory Graber seconded and the motion carried, with five ayes and Councilmember Laura Petersen recorded as abstaining. The council then discussed whether to require removal of a fence or a tree blocking access; members agreed not to require removal at this time but warned that a resident who needs full access could pursue the matter in court at their own expense. Kristi Drey moved to leave the alley unimproved; the motion passed with the same five-ayes/one-abstention record.
The council's decision followed legal guidance emphasizing the signature threshold and the division of vacated property. The item was recorded as denied and the physical condition of the alley will remain as-is unless a property owner seeks judicial remedy.
