News Talk 94.1/AM 1600 Where The Upper Cumberland Talks
A 300 foot stretch of Virgil Murphy Circle remains a county road after a petition to make it private was unanimously voted down Monday night.
The Davey family had attorney Andrea Ayers present their case that it was not being maintained by the county and would not limit access to Waterloo Falls. However, County Executive Ben Danner said he and Road Superintendent James Norrod spoke with the other adjoining property owner, Eldon Leslie.
“Eldon told me that for over 200 years people have been baptized at Waterloo Falls and it’s been open to the public and he wants to keep it open on his property for the next 200 years,” Danner said. “It’s what he told me and the Road Superintendent numerous times and we did talk to him today.”
No residents spoke out in favor of the change, saying Waterloo Falls and Spring Creek were landmarks they feared losing access to. Ayers said that it has always been accessed through private property and people visiting without permission were trespassing.
“This piece of property has never been public property, it has always been private property,” Ayers said. “The former owners just simply weren’t around to monitor people coming in and out. I think they may have lived in Texas. Even the Tennessee Department of Environment and Conservation acknowledges on their website that there is no public access to the waterfalls.”
Multiple Overton County Officials took exception with the claim that the road is not being maintained by the county. Danner said he has seen crews on Virgil Murphy Circle performing maintenance.
“As of today this lower road is the only access to get into their house,” Danner said. “The upper road that’s private is washed out. So the lower road that we’re talking about is passable and you can drive to their house. The upper road that the county gave back last year at the court is not passable, so this lower one is the only to get to their house. So it is passable and it has been maintained.”
Ayers said that Eldon Leslie’s eldest daughter has power of attorney and signed the petition on behalf of her father. However, Danner said that during his discussion with Leslie, Leslie told Danner that anyone who came to the meeting on his behalf is not acting in his interest.
