Commission approves vacation of alley south of Cass Avenue after public hearing

The Mount Clemens City Commission voted to vacate two portions of a public alley south of Cass Avenue (between South Wilson and Maras) after a public hearing in which nearby residents described long-standing uses, encroachments and blight concerns.

City staff said notice of the hearing ran in the Macomb Daily and was mailed to affected property owners and utility companies. Several residents, including Wes Hellner and George Kemmer, told the commission the alley had functioned as a driveway or had not been maintained for decades and that vacation would formalize existing use in some cases. "In the end, I think it only makes sense to vacate it because it's a piece of property that's been used as a driveway for the last 50 years," one adjacent owner said.

The city attorney explained the legal effect of a municipal vacation: vacating the public right of way eliminates public use but does not automatically convey title to the abutting owners. Property owners seeking title would need to pursue circuit court action to obtain recorded ownership; the city cannot legally vest title in a resolution alone. The attorney described the notice and recording steps and cautioned that other lot owners in the subdivision could have claims affecting any title judgment.

Following discussion, commissioners moved and voted to adopt the resolution vacating the specified alley segments. Staff said the practical result likely will leave the alley as it has been used in practice for decades, but that property owners who want title could file suit in circuit court and seek partitioning of the vacated right-of-way.

The commission recorded roll-call votes in the record and will follow statutory steps required to process the vacation resolution.