Received this last week, but I think the article is dated June 24.
It's good news for access advocates...
Trail group victorious in court case
By Kimm Groshong , Staff Writer
Pasadena Star News
PASADENA -- In what could be a precedent-setting decision for court cases dealing with trails in the San Gabriel Mountains, a judge ruled Tuesday that a portion of the El Prieto Fire Road in Altadena must be reopened for public use. Judge C. Edward Simpson of the Los Angeles Superior Court in Pasadena reached a decision in favor of the plaintiff, an unincorporated association called Save the Altadena Trails, which sought access to about 200 feet of a common driveway at the north end of El Prieto Road in Altadena that leads to the Angeles National Forest. The property owners who share the driveway erected a wrought iron fence across the path in 1999.
Simpson reached his decision based on historic evidence presented by the plaintiff's attorney, Paul Ayers, including first-hand testimonials, which established the road's uninterrupted use by the public dating back to the late 1880s. Simpson's written decision explains that what was needed to establish continuous public use was proof "that the public's use was substantial, diverse and sufficient to convey to the owner notice that the public was using the passage as if it had a right so to do. The court does make that finding in this case ...'
Establishing historical public use in this kind of case requires evidence of public use for five years dating prior to March 4, 1972, based on the Supreme Court's ruling in what is called the Gion-Dietz decision.
"This is a very, very important victory in terms of public access,' Ayers said. "There is substantial historical record, similar to the kind I used to win this case,' in other areas in the foothills above Altadena where property owners are trying to keep the public from using trails, he added.
Local trail advocates said they were relieved by the decision. "It is a fantastic win and the judge clearly read the black and white letter of the law and made a good decision,' said Steve Lamb, a trail user from Altadena. The defendants' attorney, Michaeline Re, could not be reached for comment.
Kimm Groshong can be reached at (626) 578-6300, Ext. 4451, or by e-mail at kimm.groshong@sgvn.com .