SILVERHILL, Ala. — Controversy continues in the town of Silverhill over the vacation of a right of way.

The town council, at its meeting on Monday, sought to correct a mistake made over six years ago with the property, located on the west side of Fourth Street, between Second Avenue and North Avenue.

In order to vacate property, a petition must be signed by adjacent property owners seeking a public hearing. After being published in a local newspaper for a period of 30 days, a public hearing is held before the town council on the issue before a decision is made at a public meeting.

“According to public records posted at the time, one or more of those things was not done,” said Josh Myrick, who represents Stankoskie LLC, the town’s attorney.

Because of that, the action was ruled invalid by the town council and a letter was sent to the adjacent property owners stating that the original deed was no longer valid.

At Monday’s meeting, Council Member Jared Lyles proposed to make the original deed to vacate the right of way valid with certain conditions.

Under the conditions of the deed, the town would exchange 31 feet of the 62-foot right of way for culverts valued at approximately $1,000, the town would lease property in lots 3 and 4 and if the property sells, the town has first right of refusal for any offer.

The proposal, voted unanimously by the council with all members present and Mayor Tim Wilson abstaining from voting on the matter, is contingent on the adjacent property owners acceptance of the proposal.

If the adjacent property owners do not accept the proposal, the town will retain ownership of the property.

Monday night’s vote met with opposition from some residents.

“You mean to tell me that when I come before the town with a subdivision, I have to follow the letter of the law, while these people do not,” said resident Jim Langley. “To me that’s discrimination. There’s nothing else you can call it.”

Carl Johnson, one of the adjacent property owners, defended the town’s actions.

“What the town will do now with the property is the same thing it has done for the last 100 years. Nothing,” he said. “We will continue to maintain the property like we have always done. This was done with the best interest of the town in mind. There was no intent to deceive anyone or do anything illegal.”

Following expressed opposition to the proposal, Shirley Stephens made a motion to rescind the measure, which was seconded by Rodney Criswell. The measure was defeated 3-2 with Lyles, Bert Jones and Steve Brooks voting against the measure. Wilson again abstained from voting.

“What you have is a big mess,” said resident Stan Joy. “All I have to say is this is not over yet.”

In other business Monday the council:

— Voted to open an account with Citizens’ Bank in Robertsdale for its building impact fee accounts.

— Set a town meeting for 6 p.m. Thursday, Feb. 12.

— Voted to authorize Police Chief Kim Wasdin to purchase walkie talkies, dog food for Meg the drug dog that has been utilized by the town, and synthetic drugs used in Meg’s training.