![]() ![]() Smith has argued that the road was never in the public domain. Though the road was not originally built on land in the ‘public domain’ – it was constructed on what was then part of the Ute Indian Reservation – the Utes were later forced off their land, and the land became public in 1882.” The plaintiffs have argued that the road traversed public land and the public used it from the beginning. As the court ruling describes, “ plaintiffs contend that Green Lake Road became a public right-of-way in the late 1800s, when prospectors used the road to inspect and stake mining claims in the area. One of the issues in the case is that the history of the road is highly disputed. Arguello denied both motions from each side of the dispute because “The court finds that there are genuine factual disputes which preclude it from awarding summary judgment to either party.” The county has sought a declaration that Green Lake Road is a public road that cannot be unilaterally blocked by a single landowner, and Smith asked for summary judgment against the plaintiffs. Gunnison County is a plaintiff in the case, and Smith filed a third-party complaint against the Lake Irwin Coalition’s president, David Gottorff for trespassing and inducing others to trespass on private property. ![]() In 2016, however, Smith built a gate across the portion of the road that passes through his property, blocking public access to those trails.Ī non-profit coalition of nearby landowners named Lake Irwin Coalition sued Smith and named Gunnison County and the U.S. The road was open to the public for decades-possibly more than a century, according to court records-to access hiking trails in the Gunnison National Forest. Green Lake Road passes through both public and private land, including a parcel owned by Jonathan Whitacre (J.W.) Smith. Gunnison County’s legal team has said they are now determining what next steps to take. Forest Service to establish that the road is a Forest Service road have been dismissed. Last, Gunnison County’s claims against the U.S. The case which started in 2019 appears to be at a deadlock with three separate groups having been denied motions related to the case this spring.įirst, dueling motions for summary judgement from two opposing sides have been denied due to “factual disputes,” and second, a protection order for trespassing on private property was dismissed for lack of jurisdiction. After three recent federal district court rulings related to a complicated lawsuit over a closure to Green Lake Road above Lake Irwin, the multi-year lawsuit may be headed to trial soon. ![]()
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