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TUESDAY, AUGUST 2, 2005
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Decatur city council rejects alley settlement

The Decatur City Council went into a closed session Monday night and returned about 15 minutes later to officially reject a proposed settlement in a dispute about an alley between Vine and Walnut streets and Ferry and Well streets northeast.

Jerry and Kelly Peevy offered the city a right of way in the alley if the city paid them $18,560. They maintained their property deed doesn't grant public easement rights for the alley.

The conflict arose last summer when the Peevys built a swimming pool in their back yard and extended their fence 7 feet into the alley.

Attorney Barney Lovelace, representing the city, said the city filed for a declaratory judgment in Morgan County Circuit Court because the city and public utilities have a right to access and because the public has used the alley for more than 50 years for pedestrian and vehicular traffic.

Councilman David Bolding, who was involved along with other neighbors in a separate suit over the alley, abstained from the decision to go into executive session and the vote to decline the settlement.

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