A matter that has gone unresolved for more than 30 years was brought before the North Judson Town Council Monday night.
North Judson Resident and former town council member, Tim Cummins informed the council that even though the North Judson Plan Commission and Town Council took steps to vacate a 16-foot alley between Dahlke and Lyle Streets back in the 1980s, the final step of sending the documentation to the Starke County Recorder was not completed so the alley was never officially vacated.
He said this information was brought to his attention when he visited the courthouse in order to have his property surveyed. He added that he was surprised to learn this, as he and other property owners were involved in the process the first time around.
He presented council members with a document from a Plan Commission meeting on December 2nd, 1986 where a public hearing was held to consider a request submitted by Richard and Sheila Akers to vacate the aforementioned alley.
It indicates that no negative feedback was provided by anyone in attendance or by neighboring property owners so the Plan Commission members approved the request. He also provided minutes from a town council meeting on January 17th, 1987 that showed council members approved of the request as well.
He said since the Clerk-Treasurer at the time never submitted the paperwork to the courthouse, it wasn’t documented by the Starke County Recorder and thus was not officially implemented.
Cummins said that in order to alleviate this issue, he was told that the current town council would need to pass a resolution or ordinance recognizing the vacation of the alley. They would then submit it to the county courthouse to finalize this process that was started decades ago.
Town Attorney Justin Schramm said that he needs to assess the existing documentation to ensure that all the necessary steps were taken and mentioned that he wants to make sure that no new requirements have been added in recent years.
Members voted to permit the attorney to draw up an ordinance or resolution once he establishes if the proper procedures were followed. The matter will be readdressed at the next town council meeting.
