Day 8: The Unfriendlys. An Update.

Dear friends,

Boys love the mountain.

The last time we were on our mountain, Parker was a lot younger.

On day 8 of this month of Thanksgiving, there’s nothing more gratitude-inducing than the most recent update in our mountain saga.

When we last talked, the appellate court had ruled in our favor and we were in a holding pattern, waiting on the Unfriendlys. Their options were to appeal to the Supreme Court, settle with us, or go back to District Court for a hearing regarding our request for immediate possession. (Immediate is such an ironic term in our case since we’ve been legally barred from our land for more than four years.)

The Unfriendlys didn’t appeal. (A little surprising.) And they didn’t settle. (Not at all surprising.)

Which means we’re headed to court for a three-day hearing in front of a new judge in 2014. We received notice this week of a court date in February. Then we received notice that date wouldn’t work and would be reset, perhaps in April. Set, reset . . . it’s typical in our experience. At least we know the next step, even if we can’t pinpoint the date.

This time around, we’re the plaintiffs and the Unfriendlys are the defendants. That’s a big deal. The burden of proof is on them to prove their proposed hypothetical road (that they claim we should construct through seven other land-owners’ properties and up a 600-foot granite bluff that would require extensive blasting) is cheaper, quicker and more ecologically sound than the gravel road that already exists across their property to ours.

Knock on wood, common sense and property case law will prevail in the coming year.

With gratitude {for one more step toward reclaiming our family property},

Joan, who’s trying to focus on the finish line and not to dwell on how much family time on the mountain has been lost to this senseless dispute

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Comments

  1. Hear, hear, for the plaintiffs on the gravel road home!

  2. Yay! May 2014 become “The Year The Mountain Road Began”.

  3. kathleenbotsford says:

    Thanks for the update….I was just wondering about that the other day. Good luck!

  4. I think we need to get a bunch of folks from Mayberry to go up there and straighten those Unfriendlys out Oklahoma style.

  5. Bruce — there’s a tradition we’re familiar with called a hootenanny. It involves firearms and live music and loud motor vehicles and alcoholic beverages and pig roasting and lots of people. We plan to have a 48-hour hootenanny on the mountain just as soon as we are granted access and the weather cooperates. We have lots of friends (in Colorado, OK, MO — all comers are welcome) who’d love to celebrate our triumph and let the Unfriendlys know just what kind of neighborly people we are.

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