Board of Aldermen 10-09-2018 Page 6
Attorney Bolton
We have an easement interest over property that belongs to other people. If we give up that easement
interest, obviously we no longer have it so that unburdens their property.
Alderman Gidge
Thank you very much, thank you.
Alderwoman Melizzi-Golja
Yes so Attorney Bolton just for my understanding, so we’ve given up our easement, the property reverts
back to the original, the owner of the property.
Attorney Bolton
| wouldn’t use the word “reverts” | would say their property becomes unburdened.
Alderwoman Melizzi-Golja
It becomes more usable for them, they now have the use of all of that property that we had the
easement on. So by granting this petition, once that is done, if the Toupins at 123 want to do anything,
they would then need to go to Superior Court. What they are requesting can’t be done here?
Attorney Bolton
Correct.
Alderwoman Melizzi-Golja
So really nothing can happen to address their need here at the Board of Aldermen and in fact us
granting the petition kind of paves the way for them to go to Superior Court with an attorney because
we can’t do anything.
Attorney Bolton
| would say it neither helps nor hurts, it neither improves their case nor damages their case.
Alderwoman Melizzi-Golja
Right. But they can’t make their case here. We have no authority over that, right?
Attorney Bolton
This Board cannot decide property rights.
Alderman Tencza
May | just ask one more question of Corporation Counsel? So regardless of this petition, | mean these
property disputes are difficult for neighbors, but the Toupins could have gone to Superior Court
regardless of what we do with this, they could have filed a petition a couple weeks ago even though this
right of way easement hasn’t been lifted?
