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Council weighs vacating or repairing heavily damaged Cherry Street amid tight road budget

January 19, 2026 | Middlebury, Elkhart County, Indiana


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Council weighs vacating or repairing heavily damaged Cherry Street amid tight road budget
Council reviewed photos and engineering observations showing Cherry Street has substantially deteriorated from recent freeze–thaw cycles. One council member said the damaged section serves roughly one residence and argued that spending about $115,550 for full-depth replacement would be poor value compared with addressing higher-need streets, and suggested vacating that segment so responsibility would shift to adjacent property owners (with utility easements reserved).

Other council members and staff raised concerns about access for a nearby church and the need to preserve utility easements. Council discussed that vacations typically require petitioning by adjacent landowners and that remonstrance rights and statutory steps can affect the process; staff was asked to review whether the town can initiate a vacation and what remonstrance rights the adjacent owners would have.

No motion was made. Council members agreed the issue warrants further study and that staff should return with options (cost comparisons for repair vs. vacation, legal steps, and likely impacts on church access and driveways) before proceeding.

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