Back in March 2011 we reported on a developer’s attempts to cut off the Hastain trail, which has been in public use for more than forty years. A group of local advocates and trail lovers led by Ellen Scott, through the Save Franklin Canyon group, fought the developer’s attempts to close public access to the trail. They garnered petition signatures and did a great job of alerting the trail using public about what was at stake.
The Mountains Recreation Conservation Authority joined the plaintiffs in the suite, and brought in additional legal resources.
There were enough legacy hikers–people who could testify and verify that they had been using the trail since before 1972–to legally establish grounds for a prescriptive easement. Judge Palazuelos, who presided over the case, personally toured the trail at the request of the plaintiffs.
On Tuesday, October 16, 2012, the Court made a tentative ruling in favor of the plaintiffs. The defendant, Coldwater Development LLC, have been ordered to remove all equipment and fences from the trail. A public easement has been permanently established.
We thank this dedicated group of concerned trail users, that included many local hikers and some cyclists, for their diligent efforts to keep this trail open to the public.
