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.
Look up the property deeds for all the parcels that abut the alley. That should show if this neighbor owns the entire alley, or if each parcel owns that part of the alley which abuts the property, or if the alley belongs to the city.
If all of you opposed to the gate get together, hire a lawyer, and sue, it'll cost her a lot of money to defend, and I presume that nobody who spoke in her favor are so invested enough in the fight as to share her attorney expenses. I also assume that the city isn't going to take a hand in defending. You might get it removed just because it'll cost her a fortune to keep fighting you.
Seems to me that the people have the right to half the ally behind each of their houses. In that case, she won't even be able to use it anymore. Especially if you can get her immediate neighbors to build their fence right to their half of the property line.
Law suit seems to be your only solution. If signed by affected neighbors, you have a better chance of winning.
Burn her house down, and don't get caught.
super-glue in the lock
LIQUID LEAD - EVEN BETTER!!
"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."
Try not to let it spoil Christmas.
If this recent change 'doesn't work out', it can be revisited, right?
Your attitude is the one thing you can control, not your neighbor, the city council &c.
It is hard though. I am the type of person that cares about what people think and feel. I am just totally surprised that one person can cause so much discontent among neighbors and not bother her one litte bit.
"Yup. Heck, I say just nuke the woman's house. That way there'll be a big alley to drive down."
Using nukes is one of my first choices, but in this case, I think it's a bit of overkill.
C-4 will do.
Then start a dog-doo fire on her porch.
That's when you fill a paper bag with gooshy dog manure soaked in lighter fluid. Lay it on her door mat. Light it and ding-dong-ditch then watch from a distance as she stomps it out. Just don't get caught when yer laughing in the bushes.
if it snows, and the plow can only go one way, that means the plow will plow all snow into her open area
that might solve this problem in one fell swoop! :)
I know this woman is not Christian, sadly she attends the Catholic church. You know there are non Christians in every denomination, but if she was a Christian, she would be concerned about her neighbors also. It wouldn't be me, me, me.
When she first put up the gate was the time you needed to go to the city, whether locked or not. You waited too long. She could claim to the city that she had closed the alley for whatever amount of time and no one objected. It's close to letting your neighbor use a piece of your property and to maintain it without anything in writing. Eventually, the neighbor can claim the property as his.
I guess I was stupid, I thought no one would be that bold as to lock the entire block out. What a fool I am!
I still HATE lawyers of all kinds.
Go see a lawyer. I don't live in your state and don't know the laws there, but if the city refuses to open the alley again, that's more than likely the reason.
And a Very Merry Christmas to you too. A client need not love, or even like, his lawyer no more than an injured patient is required to adore the ER doc that saves his life. A lawyer's responsibility is to protect the legal interests of a client not take him on to raise.
I think your problem is that you have waited too long, "A couple of years ago ....."
If you didn't feel the need to do anything then what is prompting you to do something now?
"Why is this NEWS?"
-----Well, it was news to me.
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