Plainview cemetery right of way issue continues
Mayor Gary Chandler listens as Commissioner Josh Collins explains the location of the new cemetery right of way on Periwinkle Road.
Joy Wallace again appeared before the Plainview Planning Commission on April 9. After she expressed her gratitude, she noted that she had consulted with relatives of persons buried in the Elbert Wyrick Cemetery, owners of plots yet to be used, public officials, as well as Eddie Perry, who submitted the development plat to Plainview in 2021 that ultimately labeled the cemetery right of way abandoned.
She further explained that both Ann Russell, Register of Deeds, and Randy Turner, Property Assessor, had indicated that all of the signatures including Plainview officials were on the plat when they received the document. She said she had contacted Perry, and he had commented that the matter was done and he was not doing anything else. Wallace said she intended to continue to pursue the issue.
Others at the meeting had deeds showing the right of way between both the Elbert Wyrick Cemetery and the Clear Branch Cemetery as early as 1929 and that the deed showed a right of way of 220 ft. from Tazewell Pike up between the cemeteries. According to Alderman Josh Collins, the Tennessee Property Viewer showed the Clear Branch Cemetery was owned by Clear Branch Church.
Apparently some attendees disputed that ownership and had documents to support that the Clear Branch Cemetery preceded the Elbert Wyrick Cemetery by some 50 years, was not part of the church parcel, and the right of way was included in the deed for Clear Branch Cemetery. Others noted that a cemetery must be neglected with no burials for over 50 years to be declared abandoned.
Since both cemeteries have had burials in the last three years, the cemeteries and the right of way were still in use until Perry built a house on the right of way and blocked the cemeteries from access. Alderman Collins explained that a new access had been made by Perry from Periwinkle Drive. But several relatives and owners said that the new access did not allow visitors to drive between the cemeteries as the original right of way allowed, and to dig a grave would mean crossing other graves. Finally, the fence does not allow access to many plots and graves in Clear Branch Cemetery as well as Elbert Wyrick Cemetery according to concerned citizens and cemetery plot owners.
In other business, Stewert Skeen informed the Plainview Planning Commission and the Plainview Board of Alderman regarding zoning and property concerns. According to Skeen, the Family Dollar/Dollar Tree is no longer planned for the corner at the intersection of Tazewell Pike and Ailor Gap Road. He also stated that he had heard nothing more from the company that inquired about a solar farm on Wolfe Road.
He noted that he had written a permit to Angela Conner-Murphy for a 1,000 sq. ft. addition to an existing house on Mynatt Circle. He also noted that he was sending written notice to court for 2112 Tazewell Pike and had contacted a property owner on Kelly Drive for failure to maintain their property.
The next Plainview Planning Commission is at 6:30 on May 14 at the Plainview Community Center.
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