Argument of closed road continues at Kidder Board of Aldermen meeting

In old business, the board addressed the legal issue involving a closed road that Ray Carlton wanted the city to maintain. Clerk Richard Evans said that he had not heard back from the city’s attorney, Jan Stout, but he had contacted the Missouri Municipal League for advice. Evans read from a letter he received from the league stating, “The City of Kidder is under no obligation to open a closed and unused street. There are no laws requiring the city to open a closed street to benefit a private individual or a corporation. This appears to be an issue of expending public funds for private purpose which is likely prohibited by Article 5, Section 23 of the Missouri Constitution.” Ray Carlton got into a heated argument that the road was not closed and wanted to see the proof of when it was. Dave McEwen said he came across the same situation with properties he owned on his sub-division. He said his agreement with the city was that if and when he developed the lots, he would pay for the road work. Mayor Bauer agreed to do more research with the lawyer and try to find out if the road was actually closed in the past and ask her advice.

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