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By JUDY UNDERWOOD
Morgan County News Editor
It looks like a judge will decide whether or not Farley Davis Road in the Mill Creek community will be opened.
Descendants of Pleas McCartt thought their mission to get the road opened was successful.
The road leading to their family homeplace was blocked by a property owner who put up a barricade of rocks and concrete
Road Superintendent Roy Smith had planned to remove the mound of rocks but left them in place once the suit was filed last week.
In a suit filed against Morgan County by attorney James Frank Wilson on behalf of Mildred Henry and Summer Brooke Henry, the Henrys claim the county abandoned Farley Davis Road and was never granted a deed to the property for a road.
They also claim that the use of the property for a school bus route did not include the road north of the established bus turnaround.
In addition they claim that the county “has sought to create a public road on Plaintiff’s lands north of the school bus turnaround and are attempting to occupy that portion of Plaintiff’s lands without the right to do so.
Members of the McCartt family have repeatedly said that the road did continue north of the school bus turnaround and that it was the established route to their homeplace.
Wilson asked the court to “enter a declaratory judgment” finding that the former Farley Davis Road and school bus turnaround has been abandoned by Morgan County and are now private property.
The suit was filed in Morgan County Chancery Court on Wednesday, Dec. 12.
The county now has 30 days to answer the complaint.
Morgan County Executive Becky Ruppe said that now that the situation is in the hands of the court that she will wait until the court has made a ruling before making any further comments.
County commissioners voted in their November meeting to restore the road at 1.7 miles to the county road list.
No court date has been set at this time.