Douglas County denies Moore Lane right-of-way abandonment after neighbors and staff warn of lost access and utility concerns

The Douglas County Board of County Commissioners on Feb. 1 denied an application to abandon a 25-foot public right-of-way known as Moore Lane, concluding the public would be materially injured by the vacation.

County engineer Jeremy Hutchings told the board staff recommended denial because relocation would diminish access for at least one neighbor and interfere with existing utilities; Public Works requested retaining a 25-foot public utility easement if the board disagreed. "Staff recommends that you deny the abandonment for Moore Lane because in my opinion, the public is materially damaged," Hutchings said.

The applicant, Ksenia Timonina (Big Bar Ranch LLC), and her surveyor, Edward (Andy) Fuller, urged the board to grant the abandonment, arguing the right-of-way "exists on paper" but is not improved or used in practice. Fuller said his recorded survey showed historical nonuse and that the original deed did not accept dedications for the 25-foot strip. "My recommendation would be that she could either fence along the easement line or replace, in kind, the fence on the north side," Fuller said, describing the property's fence history.

Neighbors and nearby property owners countered that they have historically relied on the easement for access to barns and utilities. Cheryl Turner, whose property abuts the parcel, told the board the easement provided the only practical rear access to her barn and said a natural-gas line runs along the easement. "We are asking you to deny her application to abandon the 25-foot portion from our property line," Turner said.

The applicant's attorney, Michael Matuska, said the right-of-way is "undisturbed" on the ground and that one neighbor's limited historic use does not amount to material injury. He told the board staff had conflated separate east-side disputes with the Moore Lane petition and urged the commission to consider only whether the public would be materially injured by the narrow abandonment.

Several commissioners said they were persuaded by the combination of utility and access concerns. Commissioner Tolbert and Commissioner Rice moved and seconded a motion to deny DP25-0074, which the board approved 5-0.

The decision preserves the county right-of-way and maintains County Public Works' recommendation that a 25-foot public utility easement be retained for future access and utilities. Hutchings noted that, if the board had approved abandonment, the right-of-way would have reverted to the subject parcel and the owner would have been required to record a new survey and preserve required utility easements.

The board chair closed the hearing after the vote. The applicant and neighbors were advised of permit and appeal rights available under county code.