"Keeping the public on public lands & waters"


Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Sign up for our Email Newsletter
For Email Marketing you can trust

Donate via PayPal

Boadle Road - Nov 30 2010
Court Action Goes On



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."

related articles

Ruby River Stream Access Victory
( 07/01/2016 )   7/1/2016PLWA, once again, has been victorious in the battle for the public's stream access on the Ruby River, from the Seyler Lane Bridge, likely the original stagecoach route from Salt Lake City, north to Virginia City and Helena.It has been over a decade that PLWA (formerly known as PLAAI) has been involved in a lawsuit over public access to the Ruby River from Seyler Lane and the Seyler Bridge, a public prescriptive easement right-of-way in Madison County.

"Dark Money" Brought to Light
( 07/01/2016 )   The June-July, Newscasts section of Fly Fisherman reported on the recent investigation by Montana's Commissioner of Political Practices, Jonathan Motl, into a dark money campaign that could overturn Montana's Stream Access.Fly Fisherman recounted the Montana Growth Network's campaign contributions to District Judge Laurie McKinnon's run for our Montana Supreme Court.

public land issues

Seyler Lane Update
9/24/2015Seyler Bridge Easement - More Than Just RecreationUpdate - Kennedys attorney requested a postponement of the September 21 hearing.

Tenderfoot - Four Years and Counting
9/24/2015Tenderfoot Creek is a tributary of the Smith River, joining the Smith a mile or so north of Camp Baker.

    18 more public land issues

Former site of bridge on Boadle Rd.

Boadle Jones

Public Land/Water Access Association Inc. or PLWA, is a citizen group organized and operated under the Montana nonprofit corporation act.

Articles and Information on this site represent the opinion of the writer and are not intended as legal advice. Legal counsel may be needed in dealing with specific access situations and issues.
      PLWA.ORG   -   Public Land & Water Association