C
chief 8101
Well-known member
No, the original issue would have been between the fire dept and burlington northern railroad. The railroad owns the easement that we would be taking over and they support the fire dept in this matter. The Forest Service would then have to either sue the fire dept or file charges against the fire dept for plowing the road. Based on our attorney's legal opinion and research, the fire dept would prevail on the matter.
The other option is that the fire dept simply plow the road and let the forest service write us a ticket for doing it and then take the ticket to court and have the judge review the issue at that time. The federal prosecutor has not wanted to do that because if the forest service were to lose on this one it could cause a domino effect all over the country. In reviewing the easements and closure orders, the fire dept would have a good chance of prevailing in court on the matter.
HOWEVER, that is getting a little ahead of ourselves. The fire dept is still bending over backwards trying to come up with a solution that won't involve plowing of the road.
I spent an hour in the forest service offices today trying to figure out a solution. The USFS can't believe that the state parks winter rec "ROC" program is taking the point of view that they are.
The fire dept is still working with the forest service and state parks to come up with a solution other than plowing the road, but all the help we can get to try and get state parks and forest service to work with us instead of taking such an unreasonable stand would be helpful.
The forest service rep is going to try and talk with state parks on Monday about a couple of new ideas and get back to me then. Any pressure that can be applied to the state parks "ROC" group to take a more reasonable stance would greatly help the situation.
The other option is that the fire dept simply plow the road and let the forest service write us a ticket for doing it and then take the ticket to court and have the judge review the issue at that time. The federal prosecutor has not wanted to do that because if the forest service were to lose on this one it could cause a domino effect all over the country. In reviewing the easements and closure orders, the fire dept would have a good chance of prevailing in court on the matter.
HOWEVER, that is getting a little ahead of ourselves. The fire dept is still bending over backwards trying to come up with a solution that won't involve plowing of the road.
I spent an hour in the forest service offices today trying to figure out a solution. The USFS can't believe that the state parks winter rec "ROC" program is taking the point of view that they are.
The fire dept is still working with the forest service and state parks to come up with a solution other than plowing the road, but all the help we can get to try and get state parks and forest service to work with us instead of taking such an unreasonable stand would be helpful.
The forest service rep is going to try and talk with state parks on Monday about a couple of new ideas and get back to me then. Any pressure that can be applied to the state parks "ROC" group to take a more reasonable stance would greatly help the situation.
