Dubuque County asks court to vacate ruling that Lovers Lane is a private road

Dubuque County is asking a judge to vacate a June judgment that declared Lovers Lane in Sherrill a private road, according to the Dyersville Commercial. The county filed a petition Oct. 23 asking the Iowa District Court of Dubuque County to vacate the judgment and stay its enforcement. Attorney Doug Herman, hired by the county, filed the petition. The county's move follows County Attorney Scott Nelson conceding a lawsuit brought by local residents who argued the road is private, despite "quite a bit of documentation" and "years of maintenance" indicating otherwise, according to the county engineer. Nelson has said he did not dispute the suit because legal precedent establishes Lovers Lane as a private road, pointing to an early 2000s lawsuit over the adjoining Kress Lane. Two of the three county supervisors said they think Nelson handled the case irresponsibly. The supervisors recently decided to hire Herman to give Lovers Lane residents "their day in court," in Board of Supervisors Chair Harley Pothoff's words, and this month unanimously agreed to file the petition to vacate.