A legal battle over County Road 41 south of Mancos continued this week when the landowner filed an appeal to halt maintenance by Montezuma County while his case is heard.
A court order recently allowed the county to continue maintenance, and crews have since worked on the road.
The rough dirt road is green-signed by the county, indicating it is a public road that receives occasional county maintenance. It accesses rural homes and BLM lands.
But PAX 2013 Ltd., a Texas company that owns land crossed by the road, claims in a civil lawsuit that the county is maintaining the road on too wide of a path, has installed culverts beyond the historic right of way and has damaged private property.
PAX 2013 also questions whether the road was legally obtained during a petition process in the 19th century.
Meanwhile, other landowners who support the county’s position on maintenance, have intervened in the case. The county claims a 60-foot easement established in 1894 and says the width is needed for proper maintenance and public safety.
While arguments were prepared, the 22nd Judicial District Court in November ordered a temporary restraining order prohibiting any county maintenance. In March, the court reviewed evidence and lifted the order, allowing county crews to come in for blading.
The court also denied a plaintiff request for a preliminary injunction to halt maintenance while the case was being decided.
On April 10, PAX filed an appeal on the denial of the preliminary injunction and filed a motion for a new one.
PAX claims the historic right of way for the road is limited to 12 to 20 feet, while the county claims it is a 60-foot easement. The county says the the wider right of way is needed to provide room for maintenance and drainage and is not needed for the total road surface.
PAX has installed fencing that narrows the road to less than 60 feet, officials said. The county objects to the fencing within their claimed easement, and PAX objects to the county maintaining beyond its claim of a narrower easement while the case is being heard.
The merits of the case will be argued during the trial, said District Court Judge Todd Plewe.
The county and intervenor have 21 days to respond to the appeal on the injunction being denied. The case is set for trial in December before a judge. In the meantime, the Plewe ordered all parties to enter a mediation process to resolve the dispute.
