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Couple files lawsuit against Webster City

Private easement is disputed

By ALEX SCHUMAN, Messenger staff writer
POSTED: August 9, 2008

WEBSTER CITY - A Webster City couple awaits their day in court for a suit disputing construction of a roadway.

Gerald and Beverly Huisman filed in March against the city of Webster City in District Court in Hamilton County requesting the city stop plans for a private roadway in their neighborhood.

Huisman and his lawyer, Pat Chambers, objected approval of the private easement for the Gillette family property on Lot 2 in the Home Fourth Addition at a City Council meeting Monday with a petition of 67 signatures.

The Huismans contend city plans to create a roadway on a portion of the adjacent lot known as 303 Bicentennial Court is reserved for a future street.

However, the suit said the roadway currently planned by the city fails to meet the city's own specifications for a public street.

Huisman references the recent construction of a new walking trail near his property.

''I don't understand why the city would be willing to put in a concrete walking trail for three million some (dollars), but not a concrete street,'' he said.

Huisman sees cost for construction as the cause for the city's lack of enthusiasm, he said.

''The city's willing to break its own rules to save money, but they wouldn't let a private citizen do that,'' Huisman said.

''The (roadway) is right next to our property - the gravel's within 25 to 30 feet of our home,'' he said. ''We're going to get dust all over our house.''

The roadway is not the proper width, said Chambers.

''Now the public can't use it, and won't be able to in the future,'' Chambers said.

''The chances of it becoming public is slim to less,'' Mayor Eugene Gray said.

Councilwoman Janet Adams said, ''I understand the concern.''

However, Webster City is bound by contract to build an access road for the Gillette property, Adams said.

''Our options are limited to none,'' said Councilman Jerry Kloberdanz.

Councilman Mark Gillette, whose brother Dean owns the property, abstained from voting.

However, without Gillette's vote the council still overrode objections and will proceed unless the court rules otherwise.

City Manager Ed Sadler did not return a phone call seeking comment.

Contact Alex Schuman at (515) 573-2141 or aschuman@messengernews.net

Member Comments
View Comments: | 1-3 | Post a comment
Robertwilson
08-11-08 10:13 AM
hybernation.. Didn't I say that already in another earlyer post??? L.O.L..

hybernation
08-09-08 1:22 PM
3 million sounds like an awful lot of $ to make a trail, why not save the $ & let people walk on sidewalks? they already exist.

jaybares
08-09-08 5:53 AM
Let's hope Mr. Chambers is able to stop what will seem to be a very poor decision a decade down the timeline.

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