City Again Wins ‘Sawpit Trail’ Lawsuit; Gate Coming Down Soon
By Monrovia Weekly
Published: Tuesday, July 28th, 2009
The City of Monrovia has won in court again in its continuing efforts to keep the Sawpit Trail accessible to the public.
The State Court of Appeals took just two days to uphold a trial court ruling in favor of the City, concurring that the residents of Monrovia have the right to continue to use the trail for recreational purposes, including the portion that runs across private property near Norumbega Drive.
Mr. and Mrs. Steve Buckner, owners of the property, put up a gate across the trail more than a year ago, blocking access to hikers and dog-walkers, saying that the trail was on their property and that walkers where disturbing their dogs. Attempts by the City to mediate the dispute failed and the matter ended up in court.
The City’s position was that, while the Buckner’s owned the property, the trail was on a County Flood Control easement across the land that predated their relatively-recent purchase, that the County and City had agreements in place to allow City use of the easement, the City had made substantial public improvements to the trail and, most importantly, the trial had been in use by the public for decades.
After more than a year in the court system, both the trial court and appellate court have now agreed that the public continues to have a right to use the trail.
City Manager Scott Ochoa asked hikers and neighbors to be patient as the dispute now moves toward resolution. It will be a few weeks yet, he said, before all the legal i’s are dotted and t’s are crossed.
“In the coming days, we will work with the City Attorney, Public Works and Community Services Departments to remove the gate and other obstructions,” Ochoa wrote in his Weekly Report, posted on the City of Monrovia website.
“Based on the history of this case and the bad blood between the Buckners and many of the folks who hike the trail, we will also keep the Police Department briefed as well.
“It is probably worth noting,” he continued, “that, in trying to settle this matter out of court, the City had offered to pay for the construction of a more substantial fence between the Buckner’s home and the trail. The Buckner’s instead chose to litigate.”
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