KANE — When Dave Carlson of Kane approached Kane Borough Council a few months ago regarding alleged ordinance violations from his neighbor over a right-of-way in the alley behind his house, they asked which ordinances were being violated.
Carlson came back to borough council’s work session with an answer — he estimated 11 ordinances were allegedly being violated after his neighbor, Cory Garris, built some fencing and other structures protruding into the alleyway behind his house on Greeves Street. Garris believes the alleyway behind his house belongs to him, according to Carlson.
Carlson, on the other hand, believes otherwise. He produced printouts of Kane borough code from ecode360.com and passed them out to borough council members in attendance.
Section 85-21 of the borough code regarding streets states: “the word ‘streets’ as used in the chapter shall include public highway, boulevards, and alleys.” Section 250-5D{44} under zoning definitions also defines alleys as a street, which includes “any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.”
Section 242-57A{1} defined an alley as “the entire width between property lines or other boundary lines of every way or place of which any part is open to the public for purpose of vehicular travel as a matter of right or custom.”
Carlson’s packet included eight more ordinances he believed Garris violated. However, he also thinks the situation has taken a turn for the worse. Carlson originally retained Tyler Hannah, Esq., of Woods, Baker and Ross of Kane. He claimed that after Garris’ mother also retained Hannah for a real estate transaction, the Kane-based attorney dropped his case due to a conflict of interest.
Carlson told council he had the property surveyed, but claimed Garris did not follow the survey, even going so far as to allegedly pound the survey stakes into the ground or remove them altogether, which he said was another ordinance violation. He claimed his neighbor built horseshoe pits and a privacy fence into the right-of-way.
Carlson said the obstructions also present a safety issue, as there are houses which sit back away from the streets and the only way for fire or EMS access is the back alley. The obstructions are difficult for Carlson, too, who not only has been parking his vehicle in the alley for 22 years, but also has been plowing the alley during winter.
Carlson claims Garris will not take any action unless given a mandate by the borough or a court order. However, Hannah told Carlson while he was still retained the borough would have to initiate the mandate to stop blocking the right-of-way.
Councilman Denny Drost said homeowners own the alleyways in the borough, with each adjacent landowner responsible for their half of the alleyway behind their property. Carlson did not think that to be the case, and insisted the borough owns the alleyways as they were given to the borough from the Kane family estate.
Council president Gary Schul believed not all of the alleys were in the estate, as they have been sold to landowners over the years. However, Schul was unsure this was the case with the alleyway behind Carlson’s house.
Councilman David Walker noted the ordinances said the alleys cannot be blocked. Walker said if they are, it will force someone driving down the alley to veer off into someone’s yard, which is also illegal. Drost pointed out a vehicle operator could be sued for driving into someone’s yard. However, after going around with council for a few minutes, Carlson finally had enough.
“It’s the borough’s damn ordinance!” Carlson exclaimed heatedly. “Back it!”
Councilman Tom Kase did not think the alleyways were ever officially adopted by the borough after being gifted to them by the Kane estate. Kase believes if they are not adopted by the borough, the property would fall back to the landowners, although a right-of-way still exists.
Councilman John Gentilman presented a scenario where Carlson takes Garris to court and wins, and then wanted to know how it would be enforced. Gentilman said a precedent needs to be set that a right-of-way cannot be blocked.
Borough Manager Don Payne said the entire issue would be for solicitor Tony Alfieri. Carlson said he has spoken to Alfieri on the matter, but the answers usually point to the matter being best handled in a civil court.
Council will meet next at 6:30 p.m. Oct. 12.
