Posted on 12/25/2005 8:27:45 AM PST by mel
Here is the history of my frustration. A couple of years ago, a neighbor installed an iron gate in the alley behind my house. The alley is odd, in that it takes a 90 degree turn and goes by the side of this bit..er woman's house. So her driveway is really the alley and then she turns into her own drive. The house sits fairly close to the alley, but I have seen houses that sit just as close to city streets.
At any rate, it didn't make that much difference because the gate was not locked. I understand that she locked it at times and one of the other neighbors sawed the lock off. But, for the most part, it really didn't bother too many people because we could always get out if we needed to go that way. I doubt if one car or truck a month drove on the alley by her house.
Last October, we got a notice that she was requesting the city (Memphis) to close the alley. Several of us went to the Land Use Control Board and explained that there was a lot of utilities in the alley, sewer, cable and telephone lines and when the trucks go in there, the people that have only alley access to their homes will be denied the ability to get out. Let me add this is a 900 foot long alley and it is nearly impossible to back out. Routinely, trucks and cars that back out hit some of the garages or buildings that are along the alley.
At any rate, this bit err woman had one of her friends who used to be on the board to speak for her in support of the alley closure. Of course, there were several of his cronies on the board and it passed. Although there were more people against the closure that for it.
Because it was a street/alley closing, it had to go to the City Council, we went last Tuesday. Wouldn't you know it, due to Christmas week, there was a lot of people on the opposition side that were out of town due to the holidays. The old bit.er lady got her stepson, the neighbor across the street and a couple of other people to speak for her. And it passed City Council 7-6...LET me add that the people who spoke in support of the alley, did not have the alley as their only means of exiting their homes. They all lived across the street, around the corner, or another part of town. There were 19 people who signed petition against the closure, yet the alley was closed.
I tried to keep the alley open so that when utilities had to get in the alley, people could at least exit the other end. But now it is a closed alley, which causes me to wonder who has priority, the citizens who live on the block or the city who needs to get in for repairs. Will the utility workers now have to park and walk to do their work or will the residents be forced to park on the street? Also, the city relinquished all responsibility for the alley, so who is going to keep the trash and leaves out of the alley. The city used to come and clean if called, but now since it is a closed alley will they even do that?
I along with several neighbors are shocked that the desires of one resident trumps the concerns of an entire block. I just don't understand it. Is there something that I am missing. Let me say this woman is 67 years old, husband died a few months ago and she really played security as the reason for the gate. Although, she did not have any type of fence or gate on her own property.
Any advice on any legal paths to follow in this matter? I would really appreciate it.
Why is this NEWS???
Looks like if the city relinquished responsibility for the alley they reliquished ownership also. If I were you I'd start having neighbors look at their property deeds, property tax disclosures and the like to see if the city is charging property tax or not. If they are, then if they deny you and your neighbors "reasonable access" then they might be sued successfully or forces to keep the 'reasonable access' part viable. My guess is that since she was able to do this is that the ownership aspect of this is unclear...you should find this out first....
Pray for her, and make sure that she knows that you are doing it. It'll either change her heart or drive her nts!
Try this:
Your local Fire Department/s. There may be a law in the fire departments books that could force them to keep the alley open and force the gates to be kept open or removed for access in case of a fire. I forget what it's called but i saw it used in a situation similar to yours. This is in california, i don't know how your laws work there.
In the case i mentioned, they had a fence blocking the alley, now the fence is gone, a right away in case of fire/emergency.
Yep... This type of thing happens far more than most people realize.
As you correctly assumed, that's NUTS.
Damn that whole notion of private ownership. Liberate her property and divide the deed amongst those neighbors.
I meant to put it in vanity, I should ask adm to pull it and i will redo it.
Free legal advice on the web is nearly worthless because any lawyer worth his salt isn't going to do it.
Get a lawyer...but not just any lawyer. Find one who specializes in zoning and land use. Check out www.martindale.com for info on lawyers, including ratings by judges and other attorneys. For something like this, I'd use an "AV" rated attorney.
I don't know the laws in your state and I'm not going to give legal advice. Where I practice, there is a short deadline to take action (appeal). You should see an attorney a.s.a.p. in order to protect your rights.
Good luck.
Er..Merry Christmas!
I'm so sorry
Move. The less attention you bring to the alley problem, the better price you will get for your home. Select your new home carefully.
She has put a gate on her property, The "Alley" is her driveway.
Have a Merry Christmas.
I take it you've never had the joy of living in a Condominium or Co-operative setting. These hijinks are business as usual for these Boards - Favoritism, stupidity and backstabbing are the norm. Very frustrating and time/effort consuming.
That said, please put this in it's place and don't let it take over your life - Merry Christmas!
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