Plainview citizens object to closure of cemetery right of way

Concerned citizens packed the Plainview Planning Commission Meeting to object to the closure of a dedded right of way to two adjacent cemeteries off of Tazewell Pike.

Over two dozen citizens attended the Plainview Planning Commission on Tuesday, March 12. They wanted to know who was responsible for closing a nearly 100 year old deeded right of way from Tazewell Pike to the adjoining cemeteries, Elbert Wyrick Cemetery and Clear Branch Cemetery. A descendent had attempted to visit one of the cemeteries and found the right of way blocked by a massive wooden fence and a concrete driveway. When the descendent asked how she was to visit the cemetery, she apparently was told that a new right of way had been constructed from the new road, Periwinkle Drive. To compound the issue, Clear Branch Church may not own the Clear Branch Cemetery and descendents cannot access the cemetery due to the blocked right of way and the gated church parking lot.

The deeded right of way was shown on plats registered as early as 1926 with the Union County Register of Deeds office through the sale of the property to Eddie Perry in 2019. Then after the Plainview Planning Commission approved the development of the property in 2021, the right of way was shown as “Abandoned”. Comments and deeds supported that the original right of way preceded the Elbert Wyrick Cemetery which was established in 1977. Both cemeteries due to their date of establishment qualify for historic designation under state law.

Joy Wallace is the administrator of the Elbert Wyrick Cemetery and James Meltabarger is the contact for the Clear Branch Cemetery. Ms. Wallace notified the Plainview Planning Commission that she had obtained a lawyer and would be returning to the April Planning Meeting after she had reviewed the matter with other descendents and her lawyer. From the comments at the meeting, the cemetery administrators, nor Clear Branch Church was notified of the right of way change.

State law prohibits the blocking of access to a cemetery as well as the development of any cemetery property without abiding by a state legal process. The law also sets limits for how close private fences or other structures can be to a grave.

According to Mayor Gary Chandler, the Plainview Commission did what was within its power and the matter should be addressed with the developer or through the courts by the people concerned.

In other matters, Stewart Skeen, Codes Enforcement Officer, sent a certified letter to the owner of 2112 Tazewell Pike to abide by the requirements of Ordinance 38.1. The house has been vacant with no windows or doors for nearly two years and construction debri remains in the yard. Also Mr. Skeen stated that he had an inquiry regarding regulations to lease the Heiskell property on Wolfe Road across from the property of Jess Jones for a 70 acre solar farm.

The Board of Alderman thanked Paris McBee for his many years of service to Plainview. Paris has worked with maintenance, mowing, and has maintained, scheduled, and rented the Plainview Community Center. At 89 years young, Paris says that it is time to retire. But he still plans to visit the people of Plainview.

Reports by the police department and the fire department included several calls. Police Chief Brandon ford reported his department answered 40 calls in February including 11 traffic violations. Chief Brandon Ford reported that he was glad to have Deputy Johnny Collins who was hired in February. Fire Chief Brad Woods noted the report for 2023 included 158 fire calls and had witnessed an additional 30 calls in 2024. He reminded citizens to abide by the law regarding outside burning. Chief Woods also said that there were four new trainees that would soon be added to the firefighter roster.

Alderman rebecca Lock updated the Board on the many bills before the Tennessee Assembly that may affect citizens of Plainview. A fourth grade retention bill as well as voucher legislation could hold back numerous fourth graders based on the TCAP score. The voucher bill would allow open enrollment across county lines and pay parents over $7,000 for each child that enrolls in a private school without regard to economic status.

The next meeting of the Plainview Planning Commission will be Tuesday, April 9, at 6:30. The Board of Alderman Meeting will follow at 7:00.

A fence and a concrete driveway block the access to the deeded cemetery right of way.

The fence crosses the deeded right of way to the Elbert Wyrick Cemetery.

Vice Mayor Richard Phillips swore in Johnny Collins as the newest deputy for Plainview at the February Board of Aldermen Meeting. However, Mr. Collins is not new to law enforcement. His over 20 years of service with county and city police departments has honed his skills and made him a valuable asset to Plainview according to Plainview Police Chief Brandon Ford.