MAGNOLIA SPRINGS — The Magnolia Springs Town Council could soon set a precedent for the municipality that was incorporated in 2006.

Prior to its regular workshop Tuesday, the Council held a public hearing on a request to vacate a portion of Palm Street, which is adjacent to several residents, including the home of Dr. James West.

West explained the request, which stipulates that the portion of land behind his home isn’t a thoroughfare to any other street in Magnolia Springs and that vacating would enable him to retain fencing around his property.

However, two town residents spoke in opposition to the vacation. One of them was former Council member Joe Sankey, who said he had been part of a project to assess Magnolia Springs roadways and had previously asked for proof that the land in question didn’t belong to the town. In addition, he said that while in office, West had been asked to remove his fence and never did so.

“Granting this vacation rewards bad behavior while the rest of us are playing by the rules,” he said.

But West argued that the land in question had not been maintained by the town or Baldwin County prior to Magnolia Springs’ incorporation for a number of years. He also explained his reason for the fence.

“We have a fence for security for our children,” he said, adding that the Wests received no help from law-enforcement in dealing with a pack of dogs that bothers their children or with trespassers on their property.

As previously reported, the Council first addressed the issue last September when Todd Puckett brought a petition signed by several neighbors for the requested vacancy. It was further discussed in October’s workshop before the previous administration decided to look into the matter further and consult the League of Municipalities.

The Council discussed the possible action and the idea that it could both set a precedent and open the door for other vacation requests. But the issue ended Tuesday with the Council going into executive session to discuss legal aspects of the matter. It will re-visited at an upcoming second public hearing.