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said Butch Zindel. "So we have the money now to erect a fence, gates, whatever is necessary.”
Object To Privacy Loss
“We don’t object to the ball diamond. We object to using our lane as a right-ofway,” said James Paul. “It’s not Mrs. Stuart’s right-ofway to give,” he maintained, insisting that the existing 20 feet used as access to the ballfields is on his property. “I don’t think we should suffer loss of our privacy...I don’t want it used for a public thoroughfare. Let her (Mrs. Stuart) give enough of her land for the right-ofway,” Paul said, repeating complaints of excessive dust raised by traffic and trash discarded at the ballfield area.
Asked for an opinion on whether the right-of-way would be a public thoroughfare, Commonwealth’s Attorney Peter Luke first disclosed that his wife, Sharon, had originally submitted the special exception request on behalf of the Ruritans and Mrs. Stuart, but nted that she had donated her services. “So we have no financial interest in this.”
Moving to the legal question, he advised that whoever owned the property in question could use the rightof-way unless the deed contained restrictions to the contrary. “The Ruritans can restrict who comes in there...It’s not a dedicated public road... Legally, it’s not a public right-of-way.”
Mrs. Paul, speaking on behalf of her elderly father who lives adjacent to the right-of-way, maintained that any building constructed on the site by the Ruritans will be used at night. Headlights of cars going in and out will shine right in her father’s window, she said, adding that he’s already suffered eight heart attacks.
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