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Obstacles removed from public road in Ravalli County, but lawsuit moves ahead – Daily Montanan

['Darrell Ehrlick', 'More From Author', '- February']

Date: 2022-02-04 00:00:00

Gone are the gates. Gone are at least nine different signs warning those who went past the gates that they may be shot. Even the large excavator that had blocked Hughes Creek Road in Ravalli County has been removed.

However, the Public Land and Water Access Association is asking a Ravalli County District Court to continue on with a lawsuit that it filed to remove the objects, hoping a court will rule county officials were derelict in not removing the objects on the public road sooner. For its part, the Ravalli County Attorney’s Office has asked Judge Leslie Halligan to dismiss the case as moot because the objects blocking the road have been removed, effectively finishing the dispute.

This may be the final step in a court case that has lasted decades centering on the county road, built more than a century ago, that provides access to public forest land. However, for years residents along Hughes Creek Road have claimed it was private and gated it, blocking nearly 10 miles of road – at one time felling a large tree across it to prevent traffic.

The Public Land Water Access Association filed suit to open the road, convincing both the county and the courts that the road was indeed public and should be open for travel. Yet as soon as one gate would go down another along the road would appear, often with menacing signs. This has continued a cycle of court hearings and three-party disputes among the association, the county commissioners and the landowners.

Drewry Hanes, the PWLA executive director, told the Daily Montana that following through with the court case is important because it has often taken Ravalli County months to remove the barriers, and usually only through pressure brought on by court cases. She said she’s worried as soon as the lawsuit concludes, the entire cycle could begin again. A court ruling, she said, would find that the county has an obligation to remove any future objects and do so in a more timely manner.

She said the problem is one of private property versus public property.

“If this were a car or tree or excavator blocking my driveway or own personal property, they’d have it removed almost instantly,” she said. “So why has it taken months for public ownership property rights?”

The PLWA hopes that a court finding will put public property rights on the same level, and send a message to the county that it cannot continue to drag its feet on enforcement.

Meanwhile, Ravalli County officials have previously told the Daily Montanan that getting to the site can take hours, and because of the contentious nature of the dispute, law enforcement officials must accompany other county employees when dealing with the situation. That takes time said County Commissioner Greg Chilcott.

The county also defended its lack of response, saying that it will not release any information because it could put county employees at risk.

“On each prior occasion of removal, the release of any information immediately led to a social media circus, with much misinformation attributed to the county, which significantly increased tensions and personal risks to all of the individuals involved,” said Royce A. McCarty, Jr., deputy Ravalli County attorney.

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