public road - yes; no other means of ingres or egres.
there is a town mtg scheduled for next tuesday to vote on the ordinance. #2013-08 which was published on july 12, 2013
Myron,That helps you tremendously. Under state public policy, the courts require or attempt to assist all property owners to ensure that they have a method by which they can easily enter or leave their land. The land cannot be landlocked because that may grant that owner a right to seek an easement by necessity, or ask the municipality to build or maintain a road. Based on this legal argument you can go to local court and seek an injunction to stop the decision from being implemented based abandonment, and request that the courts evaluate their obligation to ensure that a maintained access point is available for you and/or other neighbors along this road-way. This is a very strong argument based both property rights and public policy that the courts would have to legitimately evaluate before they can allow the municipality to consider abandonment. And you quite likely have a serious basis of prevailing and denying the municipality the ability to abandon this roadway.Good luck.
Myron,Thank you for your follow-up. In your other thread you asked:
do i have time to go to court?
An emergency injunction can block the vote from taking place until your case i fully heard and reviewed. That is why I suggested that you start with an emergency injunction first.
do i have to wait till vote?
No, you can go to court before the vote.
should i go to sussex cty court tomorrow or monday and do the injunction?
As quickly as possible.
will they accept my just showing up with a copy of the muni ordinance?
You would need to show a legitimate viable interest and a property right to this request. This is why you may want to retain counsel to file this injunction for you.
Hope that clarifies.
Myron,In your other thread you asked:or go on tues and ask them to wait till i engage a lawyer?That may be too late, you may want to try to obtain an injunction before the vote is held.Good luck.
i have no idea of what your talking about. mike
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