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• <br />Director Keating concluded by explaining the Board's alternatives and stating stars <br />recommendation to deny abandonment of this right-of-way. <br />In response to Commissioner Stanbridge, Director Keating confirmed that the other <br />four plotted right-of-way segments in the immediate area, which he mentioned in the <br />presentation, have not been abandoned. <br />Deputy County Attorney William Collins responded to Commissioner Macht's <br />inquiry concerning the fact that the applicant had filed a lawsuit in this matter. Mr. Collins <br />stated the purpose of the Board's consideration of this matter is to avoid the need for a <br />lawsuit. He explained the Board had the statutory authority to renounce or disclaim any <br />interest that the public may have in a right-of-way that is shown on a plat. Rather than have <br />a court adjudicate the respective rights of the public and the Drivers to a right-of-way <br />segment where the plat is silent, the Drivers have taken this as an alternate remedy to add <br />dimension to their lot. The Legislature has said that if the public's interest in the right-of- <br />way is renounced, then the fee of the land becomes theirs by operation of law and they <br />would not need to move forward with the lawsuit. <br />Commissioner Macht could not recall the Board having acted in the past while a <br />lawsuit has been pending, and Mr. Collins concurred that he thought they had not. <br />Mr. Collins recounted the status of the lawsuit which is currently in the discovery <br />phase but advised that. should the Board abandon the right-of-way, the lawsuit would be <br />moot and probably dismissed. He introduced Mr. Barkett, attorney for the applicant to <br />explain. <br />Chairman Adams called on Mr. Barkett. <br />August 1, 2000 <br />47 <br />• <br />