558 N. Main St., Prineville, OR 97754 | (541) 447-6205
The Oregon Court of Appeals recently upheld a two-year-old Crook County Circuit Court decision regarding property-owner access to a Juniper Canyon area road.
For decades, a group of property owners had used Simpson Road as the primary access to their neighborhood. Several years ago, Prineville Adventure Park LLC purchased property in the area that included a portion of that road. As a result, a legal dispute arose between the business and affected property owners regarding who should have legal access to road.
In February 2008, Circuit Court Judge pro tem Greg Hendrix granted road access for those residents who rely on Simpson Road as the primary access to their property.
Following the ruling, Prineville Adventure Park LLC property owner Jason Bronson appealed the decision. On April 28, the Court of Appeals sided with the County Circuit Court, rendering the initial judgment “affirmed without opinion.”
According to Oregon Appellate Court Service Director Becky Osborne, “affirmed without opinion” means the Court of Appeals not only agreed with the initial Circuit Court decision, they felt no need to render an opinion. If the Court of Appeals judges determine that the trial court correctly decided the case and that a discussion of the assignment of errors would not benefit other judges or attorneys in other cases, the judges affirm without opinion.
Affected property owner Janet Belcher is pleased that the Court of Appeals agreed with the initial decision.
“Everybody told us the (circuit court) judge did a good job, so we kept our fingers crossed,” Belcher said. “We’ve always felt, no matter what, that everybody has the right to have access to their own property. That part of it (the appeal) is finally over, and we can move on with our life, and hopefully Prineville Adventure Park can move on with theirs.”
After the Court of Appeals ruling, Osborne said Prineville Adventure Park LLC can still legally dispute the ruling. They can file a petition for reconsideration with the Court of Appeals or they can petition for review with the Oregon Supreme Court. Neither decision guarantees the matter will be heard again as both the Court or Appeals or Supreme Court could deny whatever petition is filed.
Attorney Dan Kearns, who represented Bronson and Prineville Adventure Park LLC, declined to comment on the Court of Appeals ruling. Bronson could not be reached for comment by press deadline.
