Gunnison county files response in Green Lake Road lawsuit

Wants Forest Service to take ownership

by Mark Reaman

In the continued legal wrangling over a private road closure above Lake Irwin that leads to Green Lake, Gunnison County has filed a response with Gunnison District Court claiming the road in question is a designated Forest Service Road and should be open to the public.

The county has made clear it would prefer to solve the problem through mediation rather than a lawsuit. But the county filed a detailed 11-page response to a “second amended complaint for declaratory relief” filed by John Biro and the Lake Irwin Coalition against JW Smith, who put a gate across the road; the county; the US Forest Service; and several nearby property owners. The county responded to every allegation in the complaint, agreeing with some and disagreeing with others.

Several times throughout its response, the county stated, “the public road at issue in this case, Forest Service Road 826.1D, should be declared a Forest Service Road under the jurisdiction of the United States Forest Service, pursuant to applicable law, regulation and policy.”

In the response, the county also laid out a counterclaim against the Plaintiffs, the LIC and Biro. It is made clear that “As a matter of policy, Gunnison County opposes attempts by individuals or limited groups of people to deny or restrict access to United States Forest Service lands.” The counterclaim again makes clear that the county believes the road is a Forest Service road and the court should declare that fact. “The United States Forest Service has repeatedly represented to Gunnison County and to the public at large that FS 826.1D is a public Forest Service road,” the county states. The county contends that it wants to work with the Forest Service on the matter but the USFS must first declare the road is a Forest Service road and the U.S. government is responsible for it.

“Gunnison County intends to vigorously pursue a determination in this case that the Green Lake Road is, and has always been, a public Forest Service road to which no private citizen has a right to block access,” commented deputy county attorney Matthew Hoyt. “Although the county much prefers to work with everyone involved to reach a compromise solution, the parties’ decision to drag the county into this lawsuit has forced its hand.” 

The issue came to a head in August 2016 when property owner JW Smith erected a gate across the road that crosses his property after he became frustrated with increasing traffic and trespassing on his property. The LIC sued Smith and in January of this year filed an amended complaint asking the court to include the county, Forest Service and nearby property owners in the suit.

The county has responded that it wants to pursue action that opens the road to the public. The road leads to Green Lake between Ruby and Owen and is a popular hiking route in the Scarp Ridge area.

Both Gunnison Forest District ranger Matthew McCombs and U.S. Department of Justice spokesperson Jeremy Edwards said they could not comment on the ongoing litigation.