Milton Council approves Jones Street revocable license despite threat of litigation

Despite one nay vote, the MiltonCity Council recently voted to approve a revocable license for the Tolbert family regarding the much-debated Jones Street entry between 4948 and 4940 Henry Street in Milton. The council’s decision could possibly lead to legal action from the Blackwater River Foundation, who states the city is being unlawful in denying the foundation the public entry way which could give access to the back side of the property the foundation owns at 4966 Henry Street.  

Dr. Mack Thetford, the president of the nonprofit organization, threatened to take legal action should the council proceed with issuing the license to the Tolbert’s residing near the pathway in question. The entry lies between two pieces of property owned by the Tolbert family.

“This is definitely an infringement of our property rights,” Thetford said at last week’s council meeting.  

The  Jones Street  issue has been brought before the council and the city’s administration committee in past few months. The city previously hoped both the family and the foundation would come to an agreement to resolve the issue.

Council Member Alan Lowery, who voted against the license approval at the meeting, asked his fellow council members to bring the issue before the administration committee.

“I don’t understand why we can’t send it back to the Administration committee and get them to sit down again,” Lowery said. “I know it did not work out yet, but it doesn’t mean it won’t.”

In a follow up interview, Thetford said he is also open to further discussion with city officials and the Tolbert’s adding that the “door is still open.”

“We have had that position from the beginning,” he said.

Following the executive committee meeting, Thetford said he invited the Tolbert family to attend the foundation’s monthly meeting in order to further discuss a compromise, however the Tolberts did not attend.

A representative from the Tolbert family opted not to be interviewed for this story. 

According to Alex Andrade, attorney for the foundation, the city is infringing upon a public street.

“Jones Street is a platted road that’s been established for decades,” Andrade said in an email. “When it was platted it was dedicated for public use. Our legal position is that the city can’t act to give the Tolbert’s this free (free to possess and free from taxation) property interest if it harms the use of the other abutting property owners, the foundation being one of them.”

Although Jones Street was featured in the city’s original plat, Milton City Manager Brian Watkins along with City Attorney Heather Lindsay question the street’s validity.

“It wasn’t even acknowledged by the property appraiser’s office until this issue came up,” Lindsay said. “We cannot find any evidence that it has been used as a street.”

Lindsay believes the original plat was plotted for a subdivision which was never developed.

From Lindsay’s perspective, the pathway between the two Tolbert households is not the only entry way to the foundation’s property.

Watkins said there is plenty of entry options for the foundation along Henry Street and East Walker Street to their property.

The foundation previously spoke about utilizing their property for educational purposes, however they have not submitted any proposals for development, Watkins said.  

In an email to Lindsay, Andrade said the foundation’s intent for the land is not the issue.

“Inquiries into what the foundation intends to do with its land are irrelevant in this case; their interest in Jones Street is established,’ Andrade said. “The foundation does not legally have to provide the city with an additional information to defend its lawfully established property rights.”

In the past, a representative from the Tolbert family approached the city about vacating the Jones Street property, Watkins said. However the city staff rarely, if ever, recommends abandoning any property to nearby owners.

 “We normally do recommend to the city council that we don’t vacate anything,” Watkins said. “Once we give (the property) up, it’s gone and we will never get it back.”   

Watkins said Jones Street is one of few examples of how city issued revocable licenses allowing nearby property owners the ability to use the land without building any permanent structures. Should the city need the parcel for any future purpose, (developments,  road utilities, etc.), the city could retake ownership of said property.

Watkins and Lindsay both said the license could possibly be revoked should the foundation present development plans in which the street would be needed.

“There wasn’t any real burden that I could identify because they do already have access to their property, regardless if they could use that little section,” Lindsay said. “Dr. Thetford has a vision and I respect that he is a visionary person and he has some interesting ideas, but there are other ways to achieve his goals, than for him to drive heavy equipment between the homes of the Tolbert’s.”

While Andrade said the foundation is currently weighing their options concerning litigation, Lindsay said the city has already evaluated the threat and is prepared to move forward, should the foundation decide to take legal action.

“We have our legal opinion, the city council has taken action, if the Blackwater River Foundation wants to do so they may and we will respond at such time,” Watkins said.