Posted on November 6, 2019
Author Anita Goodan, WKVI
A five-year-old litigation between property owners in the Cottage Point Park, Cedar Point Park and Riviera Court area at Bass Lake was settled by the Starke County Commissioners Monday night.
The matter was before the commissioners as it dealt with a platted easement and the commissioners approved the platting of that area years ago so they were the governing body that either had to approve or deny the proposed petition to vacate a portion of an easement.
A petition was filed to narrow a portion of platted roadway in that area and eliminate the cul-de-sac which would add square footage to five lots in the area.
Opponents to the petition argued that it is a private easement and believe the matter should be resolved by the residents there and not to the commissioners.
Former Pulaski County Circuit Judge Michael Shurn ruled in a previous hearing which resulted in a settlement between the parties involved which included the vacation of the easement.
Two residents argued that severe drainage issues exist in the area and if any development occurs the amount of drainage could be impacted on their property.
After much discussion, the commissioners voted unanimously to approve the vacation of the easement. The commissioners asked the residents to try and consider proper drainage when making any construction decisions to reduce potential flooding issues. One resident commented that it is a condition of the settlement.
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