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Town attorney: 1993 case dismissed claims; road ownership to be checked with property appraiser
Summary
Attorney Wolking told the council a 1993 case between the town and Eugene and Anna Caldwell "stated that both parties voluntarily dismissed all claims without prejudice," and Council Member Dodd said she would check the property appraiser to determine roadway ownership.
Town Attorney Wolking reported during the Oct. 8 meeting that, while researching Council Member Ciotti’s question about whether the town had abdicated road access to McIntosh Fish Camp, she found a 1993 court case between the town and Eugene and Anna Caldwell that "stated that both parties voluntarily dismissed all claims without prejudice." Wolking said the case did not resolve the question of ownership of the roadway.
Following Wolking’s summary, Council Member Dodd said she would check with the property appraiser to determine current ownership of the road. The transcript records no further legal analysis or a staff report on whether additional steps (such as quiet-title action or additional legal research) would be taken.
