Re: Church Trail obstruction (this is a feeder to winter tra
Posted: Fri Oct 26, 2012 7:24 am
Update from the hearing and judge's position.
The Judge granted the preliminary injunction, so we can start using the
trail again. Someone needs to clear away whatever is being used to block
the trail, though.
The Judge also explained that there was clearly enough evidence presented
for him to rule in favor of an RS2477 right of way. He explained that if
he was forced to make that ruling, it would open up the trail to more than
just the dog teams, hikers, 4-wheelers, etc. who use it now...traffic that
she may not want. He also explained that if he were forced to make that
ruling, he would also rule that she reimburse us for our attorney's fees.
The Judge has scheduled another hearing for November 16th. He's expecting
that there will be some sort of settlement before then. In other words,
Cat can compromise and grant a prescriptive easement for certain types of
traffic and a certain trail width, and if we agree to it, the issue is
settled and he will not need to make a final ruling. So, now we wait some
more, but at least we can use the trail as is, where is.