CLEARFIELD – A number of residents of Kerr Addition turned out at the Lawrence Township Supervisors meeting to express anger over railroad ties placed on an unnamed alley.
The unnamed alley sits in the area of Bowman’s Hill Road. The residents along the unnamed alley must use the alleyway to enter and leave their homes.
According to resident Eleanor Dullen and Walter and Darlene Haight, Jim McKenrick placed railroad ties on the road.
Dullen stated that she wanted the alley named for 911 emergencies as well as the railroad ties removed immediately.
Dullen and others claimed that the road was the township’s responsibility since the township plows the alley and maintains it.
Dullen said that she cannot get heating fuel to her home, cannot use her garage and that emergency vehicles cannot reach her home.
Darlene Haight stated that the township has maintained the road for around 30 years.
“That’s our only vehicular access,” said Darlene Haight.
Ed Brown, supervisor, said that there are legal items that constitute that work as public service.
“This is a subject that we’ve addressed periodically,” said Jim Naddeo, township solicitor. “Paper alleys.”
Naddeo said that one of the issues at hand was whether the alley was public or private. He said that if the land is public, then the offender can be cited. If it is private, then those upset need to take their case to court.
Naddeo said that simply because the township does maintenance to the road, it does not, in his opinion, constitute constructive acceptance. He said that if the residence brought that issue up at court, he believed that the level work the township has done on the road does not meet the level of proof to show constructive acceptance.
The solicitor also added that the township does not consider the alley a public road.
One resident asked why the township could not just make it public.
Naddeo noted that the township has 21 years to accept or reject roads offered to the township under a subdivision. If the township has not made a decision in that time, then the road or alley goes back to the original owner.
“No one says this guy has the right to do this,” said Naddeo. “Your remedy is not the township, it’s a civil action.”
