Ella Owen, owner of a residence on the south end of Bridge Street, wants to sell her home. She only has one problem. It encroaches on the platted street, making it difficult to sell.
Owen has filed an action in Oakland County Circuit Court to vacate 160 feet of the street.
“It’s in court now waiting for a vote by the council,” village attorney Gary Dovre told Lake Orion Village Council members on March 24.
The home was built in 1914. The Owens family has owned it since 1951.
According to Owen’s attorney Paul Bailey, the end of Bridge Street has never been used. “It’s a phantom street,” he said.
LO Village Manager JoAnn Van Tassel recommended the street not be vacated because it’s not in the public interest.
She told council members she had received a letter from the Oakland County Drain Commissioner’s office objecting to the vacation. The objection was based on a concern over maintaining an easement for the sewer system.
Bailey said no nearby neighbor has filed any objection to vacating the road. “It makes practical sense. Then the plat would conform.”
According to councilman Harry Stephen, the village charter indicates the village can’t sell any land that’s near the water. He believes vacating and selling are similar.
“That’s so the public can have access to water by using streets that abut the water,” he said.
“There’s no public access. It’s private,” Bailey said. “I can’t believe anyone would want to use it as an access.”
Council members asked Dovre to review a court case that happened a few years ago with the owner of a home at the end of Longpointe. The homeowner had fenced off some village property that was an easement to Lake Orion.
“We have to move slowly on this because we have many parallel situations around the lake,” Stephen said..
More discussion on the vacation was set over to the next council meeting.