Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Vacation topic
No spam. Unsubscribe anytime.
Rico trustees deny application to vacate West Soda Street and Leah Lane after attorney's legal advice
Summary
The board denied McCroke Venture LLC's request to vacate part of West Soda Street and Leah Lane after town attorney advised state law likely prevents a vacation that would leave properties without public access; the motion to deny passed 4-0 with Mayor Pieterse recused.
The Town of Rico Board of Trustees on Oct. 16 denied an application from McCroke Venture LLC to vacate a portion of West Soda Street and to vacate Leah Lane after legal advice that state law supersedes town code in such matters.
Town Manager Chauncey McCarthy summarized the application and the applicant presented. Town attorney Wilton Anderson advised the board that state statutes supersede the town code and prohibit vacating rights-of-way if doing so would leave properties without public access. Anderson also stated that the road-building permit at issue is a vested property right and that vacating the right-of-way could constitute an unconstitutional taking. After public comment from multiple residents, Trustee Benn Vernadakis moved to deny the vacation application; Trustee Joe Dillsworth seconded and the board approved the denial 4-0. Mayor Nicole Pieterse recused herself and did not vote.
The minutes record the denial and record the attorney’s legal justification; no appeal, conditions, or alternative mitigation were specified in the minutes.
