Thursday, December 3, 2015

Did that Just Happen....

The Story....

Back in 2012 a surveyor was approached by a land owner whom possessed 8 lots (4 on each side of a street) in an undeveloped subdivision that had been approved and adopted by a local municipality.  The streets were dedicated to the town but not built.  The land owner had the idea of asking the town to revert the lots to acreage and abandon that portion of roadway that separated his lots.

The subdivision was monumented and platted in 1987, and amended in 1989.  Non of the infrastructure was built or placed.  the ADRE stepped in and halted the marketing/selling of lots for multiple reasons.  Therefore by the time 2012 cam around the subdivision existed in fact but was no longer feasible.

In 2007 a group of investors bought the subdivision and in that sale non of the previous conveyances were excepted or recognized.  A lawsuit ensued.  The land owner asking for the reversion had his claim of title supported and proved up by the County Superior Court.  So his ownership was not in question.  However the investors are currently in court trying to get their possessory rights proved up.

In 2012 the landowner petitioned the town and had a plat prepared reverting the lots to acreage and vacating/abandoning the street adjacent to his lots.  By resolution the town agreed and signed the plat and it was good.  That portion of the subdivision was reverted and the street dedication was recended.

In 2015 the investors decided that the town had violated its subdivision rules and filed a lawsuit against the town because of the reversion claiming to be damaged because the subdivision plat had been changed.  After consulting with attorneys the town made the decision to recend its resolution and undo the street abandonment and lot reversion; without the consent of landowner.  So by resolution they did.  So the town thinks that it will go through the process of posting the property and follow their rules and in 30 days redo what they have undone.

The Questions...

1.  Does the resolution undoing the street abandonment constitute an unauthorized "taking" by the Town?

2.  Does a violation of town code justify the violation of a citizens constitutional protection from illegal search and seizure?

3.  Does this action by the city council put them in violation of their oath of office for not defending the Constitution of the United States?

Thoughts?

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