Judge dismisses Hughes Creek lawsuit | Local News

Judge dismisses Hughes Creek lawsuit | Local News

To mark the end of an additional chapter in the extensive saga of public accessibility on the remote Hughes Creek Street, a Missoula District Choose dismissed an entry group’s lawsuit from Ravalli County this week.

Choose Leslie Halligan observed Public Land/Drinking water Entry Association’s lawsuit moot following the county had eradicated the most current gate and encouraged landowners to go an excavator that served as the hottest bulwark to public vacation on the distant roadway.

The obtain association experienced argued their lawsuit must shift forward to make sure the county took its accountability for keeping the controversial street cleared of obstructions significantly and drive it to go quicker the up coming time all around.

The county countered that its intention experienced generally been to abide by the regulation, but needed to do so in these types of a way that secured taxpayers from even more lawsuits and its staff members from a likely dangerous problem.

Very last summer months, a landowner put a third gate across the road — the county had presently taken off two — that integrated a signal that threatened to shoot trespassers.

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The county taken off that impediment past month.

The PLWAA submitted match in Oct, stating condition law demanded the county to eliminate street encroachments and obstructions “without delay” and “immediately remove the encroachment” and the county had been slow to shift. The corporation also questioned the court to award it legal professional fees.

Soon after the county taken off the third gate, the obtain group submitted a motion inquiring the courtroom for a declaration that defined the terms “immediate” and without having delay” to require the county to move at a more quickly speed the following time an impediment appears.

Halligan’s get to dismiss explained the court cannot figure out an “arbitrary deadline” on which the county need to act.

“How the County need to ‘immediately remove’ obstructions to a general public highway relies upon on too many aspects to establish listed here,” Halligan wrote. “Resources are restricted, and not every thing is a priority. The Courtroom has no cause to doubt that the County takes its obligations to clear away obstructions blocking the past couple miles of Hughes Creek as seriously as the regulation and the situations warrant.”

Halligan stated it is very likely that “some rebellious landowner” will construct a different “illegal gate” or in any other case block the highway, but a courtroom get mandating its removing would probably not make a variance.

“It would only re-shuffle priorities and involve re-allocation of limited means to attain anything that will only have a transient result and hence minimal community benefit,” Halligan wrote. “A for a longer time-phrase option is plainly required right here, and it is for the elected associates of the people of Ravalli County to deliver it, not the Court.”

Because the county by no means opposed eradicating the obstructions but just operated on its have timeline, Halligan claimed the county was not accountable for paying the access group’s lawyer service fees.

The controversy dates back again to 1970, when the 1st gate appeared on the historic highway that was at first constructed in 1900 to obtain mining statements. Landowners have taken their arguments to close the road to the Montana Supreme Courtroom two times and missing.

Ferne Dekker

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