The owners of a property on Coody Lane, near Shannon, has filed suit against Clay County after commissioners took no action on a requested road closure.
County Judge Kenneth Liggett received notice of the suit this week.
William and Lisa Mozley, of Denton, own the property located at the end of Coody Lane. William Mozley, with his lawyer, appeared before commissioners during the Sept. 12 regular meeting with a request to close the road at the front gate of the property.
During the meeting, Mozley said that Coody Lane enters his property through the gate and continues as a public road before ending at a second gate near a cabin. The gate is near a fence line that separates his property from a neighbor’s. One possible entrance point to the neighboring property lies on Mozley’s side of the gate.
Mozley purchased the property from Ona Beth Boswell, a relative. In 2005, Boswell requested the road be closed at the front gate. The request was brought before a jury of view, which determined the road should remain open.
For that reason, said Liggett during the September meeting, commissioners had no power to close the road unless a petitioned by the landowner and neighboring landowners. Mozley has not produced a petition.
The landowner could have appealed the jury of view opinion, but a two-year statute of limitation applies, said Liggett.
Boswell owns a share of the land through a life estate.