Contentious Green Lake Road closure heads back to court

Trial not expected until around this time next year

By Katherine Nettles

An ongoing dispute involving Gunnison County, the U.S. Forest Service and several property owners over a road closure on Green Lake Road above Lake Irwin is headed to trial after attempts by all parties to reach an agreement through mediation were unsuccessful.

The dispute began in 2016 when property owner JW Smith erected a gate across the road that crosses his property. Smith did this in response to increased traffic and trespassing on his property, as people commonly used the road to access Green Lake. Smith stated at the time that he hoped to achieve an arrangement with the Forest Service so that it could continue allowing access for the public to Green Lake while better protecting his property from the heavy user impacts. 

Other property owners near Irwin, including John Biro and the Lake Irwin Coalition, sued Smith over his gate, then in January 2019 filed an amended complaint to include the Forest Service, Gunnison County and other nearby property owners in the matter. 

Gunnison County filed a response with Gunnison District Court claiming the road in question (Forest Service Road 826.1D) is a designated Forest Service Road and should be open to the public.

The court approved a joint request by all parties for a stay this year so that those named in the litigation could attempt a peaceful agreement out of court. The parties then requested the stay be lifted, as they were not able to reach an amicable agreement. The court granted this request last month.

“When we enacted the stay, we wanted to hold a mediation and see if we couldn’t iron out our differences there. We were unable to do so. The parties continued subsequent discussions to see if they could narrow the issues or at least get closer to a resolution and it was unsuccessful. So we all decided it would be appropriate to lift the stay,” said attorney Isaiah Quigley of Grand Junction, who represents Biro, the LIC and a third-party defendant, David Gottorff.

Gunnison County deputy attorney Matthew Hoyt commented on the case by e-mail. “The county is disappointed that the settlement talks that it encouraged and actively participated in have thus far proved unsuccessful. The county is still open to a negotiated resolution to this dispute, but it is also prepared to and will vigorously pursue a court decision that Green Lake Road has been and is a public road,” he wrote.

Forest Service GMUG district ranger Matt McCombs said the Forest Service cannot comment regarding ongoing legislation, and Smith did not respond to the Crested Butte News regarding the case.

There will now be a period of discovery as all parties prepare their cases for a trial in federal district court.

Quigley said the harsh winter weather creates a challenge in trying to visit the subject properties and analyze the historic nature of the road and the topography of the area. “That sort of discovery process will likely have to take place in the summer months when the weather breaks, and when that happens we can start thinking about trial,” he said. 

That is likely to push the trial out to late next year, Quigley predicted.