Ester Valley Road
Posted: Fri Mar 21, 2014 3:53 pm
The latest from Geoff Orth:
Hi Folks,
The Ester Valley Road is still blocked by a locked gate at the entrance. The strategy of Largent is to delay, delay, then file more paper, and make it as costly as possible. He has filed 12 motions, including three requests for summary judgment (failure to join the state and borough as indispensable parties, federal preemption, and a ruling of law). No matter how frivolous these motions are, we must give a strong and detailed response. This is getting expensive, but I believe we will be successful with the Ester Valley access, as we were with the Eva Creek Trail. As of 11 March, my costs:
Donations Received 19,026.73
Eva Creek Trail Legal Fees -9,082.45
Eva Creek Settlement Compensation 2,000.00
Ester Valley Trail Legal Fees -30,893.39
Current Balance $ -18,949.11
As you can see, we’re in the hole…
A short recap. This email is going out to 134 individuals and 13 local user groups. We have received funding from 39 sources, averaging $556 each. So far the largest donation is over $4,400 from a local trail organization. For the record, my wife and I have contributed $4,000. Beyond this contribution and my time in litigation, we are personally financially responsible.
Obviously, with litigation, there are no guaranteed outcomes, but I feel we have a good position; and if we don’t act, we are setting a precedent and are guaranteed to lose access to these trails. The bottom line: I’ve lived in Ester for over 30 years. Like many of you, the quality of life here, including its close proximity to trails, is important to me. Now, looking back, a $1,000 donation works out to $33/year… a reasonable amount to ensure access is maintained to this resource we all enjoy. If you’ve already donated, then stand aside for now… if you haven’t, then now would be a good time to reach for your wallet.
Remember, this is a multi-use, multi-season trail/road providing critical access to public lands further west in Ester Valley and Ester Dome. The Ester Valley Trail/Road has existed since 1906, prior to any mining patents being granted, thus establishing a R.S. 2477 designation (R.S. 2477 status creates a right-of-way before the land was private). In addition, there has been open and continuous use by the public since the 1960’s, thus creating a prescriptive easement (AS 09.45.052 (d)). There are also right-of-way easements in recorded warranty deeds. These are right-of-ways, granting public access, that are dominant over the landowner. The Largents, by blocking access, are in effect trying to privatize a public resource. As a side note, the Largents in 2006 assured me that they realized that the road was a public right-of-way. If you have any questions, want more information, or would like to see a copy of our Opposition to their requests for Summary Judgment, drop me an email.
Your donations have gone a long way in preserving access rights for future generations; I greatly appreciate your financial support in this effort. Send donations payable to Law Offices William Satterberg, 709 4th Avenue, Fairbanks, AK 99701-4416. Write fbo Ester Trails Defense on the “memo” line and cc me so I can track the funding (p.s. They take credit/debit cards, unfortunately, no PayPal.).
Thanks all,
Geoff
--
Geoffrey Orth Photography
Stray Dogs LLC
P.O. Box 22 Ester, AK 99725 USA
v: +1.907.479.0014 f: +1.907.479.0015
Skype or +1.805.624.6360
gcorth@straydogs.us
--
Posted by:
Hi Folks,
The Ester Valley Road is still blocked by a locked gate at the entrance. The strategy of Largent is to delay, delay, then file more paper, and make it as costly as possible. He has filed 12 motions, including three requests for summary judgment (failure to join the state and borough as indispensable parties, federal preemption, and a ruling of law). No matter how frivolous these motions are, we must give a strong and detailed response. This is getting expensive, but I believe we will be successful with the Ester Valley access, as we were with the Eva Creek Trail. As of 11 March, my costs:
Donations Received 19,026.73
Eva Creek Trail Legal Fees -9,082.45
Eva Creek Settlement Compensation 2,000.00
Ester Valley Trail Legal Fees -30,893.39
Current Balance $ -18,949.11
As you can see, we’re in the hole…
A short recap. This email is going out to 134 individuals and 13 local user groups. We have received funding from 39 sources, averaging $556 each. So far the largest donation is over $4,400 from a local trail organization. For the record, my wife and I have contributed $4,000. Beyond this contribution and my time in litigation, we are personally financially responsible.
Obviously, with litigation, there are no guaranteed outcomes, but I feel we have a good position; and if we don’t act, we are setting a precedent and are guaranteed to lose access to these trails. The bottom line: I’ve lived in Ester for over 30 years. Like many of you, the quality of life here, including its close proximity to trails, is important to me. Now, looking back, a $1,000 donation works out to $33/year… a reasonable amount to ensure access is maintained to this resource we all enjoy. If you’ve already donated, then stand aside for now… if you haven’t, then now would be a good time to reach for your wallet.
Remember, this is a multi-use, multi-season trail/road providing critical access to public lands further west in Ester Valley and Ester Dome. The Ester Valley Trail/Road has existed since 1906, prior to any mining patents being granted, thus establishing a R.S. 2477 designation (R.S. 2477 status creates a right-of-way before the land was private). In addition, there has been open and continuous use by the public since the 1960’s, thus creating a prescriptive easement (AS 09.45.052 (d)). There are also right-of-way easements in recorded warranty deeds. These are right-of-ways, granting public access, that are dominant over the landowner. The Largents, by blocking access, are in effect trying to privatize a public resource. As a side note, the Largents in 2006 assured me that they realized that the road was a public right-of-way. If you have any questions, want more information, or would like to see a copy of our Opposition to their requests for Summary Judgment, drop me an email.
Your donations have gone a long way in preserving access rights for future generations; I greatly appreciate your financial support in this effort. Send donations payable to Law Offices William Satterberg, 709 4th Avenue, Fairbanks, AK 99701-4416. Write fbo Ester Trails Defense on the “memo” line and cc me so I can track the funding (p.s. They take credit/debit cards, unfortunately, no PayPal.).
Thanks all,
Geoff
--
Geoffrey Orth Photography
Stray Dogs LLC
P.O. Box 22 Ester, AK 99725 USA
v: +1.907.479.0014 f: +1.907.479.0015
Skype or +1.805.624.6360
gcorth@straydogs.us
--
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