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Boadle Road - Nov 30 2010
Court Action Goes On
PLWA FILES LAWSUIT OVER BRIDGE DESTRUCTION12/07/2011
The following is a press release issued by PLWA on Monday Dec 5th. As you will note the action includes a claim for damages -in this case punitive damages. Punitive means just what it says.
This is one of the most blatant refusals to abide by the decisions of both the District and Montana Supreme Courts that we have encountered.
The Public Land/Water Access Association (PLWA), a Montana non-profit organization dedicated to preserving public access to public land and water, has filed its third lawsuit in Teton County District Court against Roger Jones seeking to reopen access to Pishkun Reservoir via the Boadle Road and bridge over the Sun River Slope Canal.
In 2003, Teton County District Court Judge Marc Buyske declared the Boadle Road, in use since the early 1900's to be a public road and enjoined Jones from interfering with the public's use of the road. The District Court's decision was affirmed by the Montana Supreme Court in 2006.
Despite the 2003 order, landowner Jones recently destroyed the Boadle Bridge crossing the Sun River Slope Canal thereby rendering the Boadle Road unusable. He also posted "NO ACCESS . . ." signs adjacent to the Boadle Road in an effort to prevent the public from using Boadle Road.
PLWA filed its lawsuit to enforce of the District Court's prior order, to end Jones' interference with the public right of way, to force Jones to reconstruct the bridge, and to recover damages.
John Gibson, PLWA's President, commented: "This is one of the most blatant refusals to abide by decisions of both the District and Montana Supreme Courts that we have encountered." He continued, "PLWA prides itself on standing up for the right of Montanans to use Montana's public roads to access public land and water. It firmly believes that once the judiciary renders declares a road to be open for public use, that decision should apply to everyone regardless of wealth or position." When asked what PLWA hopes to accomplish by filing this lawsuit, he stated: "We hope that all of those folks who used the Boadle Road in the past, including those who stepped forward to testify at trial, will feel that justice has been done. Although it may have taken over a decade to obtain a final resolution from the courts, we were finally successful and we won't let Mr. Jones undo what we accomplished."
Former site of bridge on Boadle Rd.