Resident Declares Fence a Matter of Faith And Freedom

Letter to the Editor

I am writing this letter as a follow-up to the fence dispute on Calhoun Street. I was given a permit to build a fence and approved by the city inspector and city clerk to build it along my property. Eleven days after the approval I was a given a stop work order that was posted on the fence post.

I have asked the city three times to provide proof of an easement on Judson Drive. During the October 7 city board meeting, I was called out of the meeting by Attorney Martin, and Will Carter was privy to the conversation. Martin, knowing he has no proof of an easement claim—and after five years still cannot produce evidence—asked if I would move my fence two feet on one side and three feet on the other. I suggested that he widen the road in the direction of the Housing Authority instead.

Martin promised to get back to me last week, but I have not heard from him.

He stated that the real concern about the placement of my fence was making sure there was enough room for an emergency fire vehicle to reach the property owners on Judson Drive.

I later called Fire Chief McGavock, who scheduled a demonstration on October 20 to see if a fire truck could get down Judson Drive without issue. What he told me next was disturbing—he said he might have to back up and pull forward five or six times just to make the turn at Simmons Street and Judson Drive, to even gain access to the three homes on Judson. Chief McGavock later declined to do the demonstration.

There are several obstacles I’ve noted myself while walking my dogs:

1. The Communicare building has vehicles parked in front, limiting access to Judson Drive due to the length of the fire trucks.

2. There is an electric pole the city placed on the south corner at the intersection, blocking the turn for large emergency vehicles.

3. The Judson Drive street sign on the north corner of Judson Drive was placed by the city on private property at 208 Simmons, blocking access to the only other entry point for an emergency vehicle.

4. Vehicles are occasionally parked alongside the church that backs up to the courthouse parking lot, limiting fire emergency access.

It was never my intention to go down this rabbit hole, but now that I have, I see serious safety concerns for the men and women living on Judson Drive. In addition, there is no fire hydrant access nearby that I can find.

City Attorney Martin was quoted in last week’s paper as saying, “I did not see anything that jumped out at me as an easement.” Which begs the question… where is the city’s proof?

Martin’s remark about the road sign being an indication of an easement is a stretch, in my opinion. The drive was named by a family member and part-owner of the driveway. The city placed the Judson Drive sign on another owner’s private lot, 208 Simmons, which also blocks access for a fire truck.

Another stretch, this time from the mayor as quoted in the newspaper article, was mail delivery as a valid easement claim. The Judson family grew tired of repairing their mailboxes that were being knocked over by Communicare vehicles and decided to move them from the Simmons Street location earlier this year. Mail delivery down Judson Drive only began a few months ago.

The biggest stretch of all is the city’s claim of an easement for road maintenance—maintenance that has rarely happened, even when requested.

At this point, it seems obvious the city has very little record or documentation to support any claim of an easement on Judson Drive. That being said, I have no problem accepting a future prescriptive easement by the city—but with conditions. And and I believe the other Judson Drive property owners would agree that neglected maintenance is what is continuous, notorious. Create a plan that provides true emergency access, pave Judson Drive like any other city roadway, and widen it in the direction opposite my land if the city desires. Put this in writing so that I can complete the fence installation and reverse the stop work order.

The reason I erected my fence in the first place is due to the sand and gravel from the driveway continually washing into my drainage ditch which caused flooding in June 2021, when former Mayor Gray refused to clear the city’s drainage system. The current mayor has not addressed the citywide problem either, looking instead to the USDA as the solution for flooding in town.

I believe in protecting our God-given rights, especially those related to dominion over land—one of the highest rights granted to us in the book of Genesis. My deed clearly shows my full ownership of the land I have. Again, if the city wishes to claim a future prescriptive easement, please do so. Put in writing so that I can continue the completion of my fence with no further controversy. Based upon conditional acceptance of the terms stated above and the legal rights to protect my property granted by the Constitution of the United States.

Elizabeth Smith
Calhoun Street