District Judge sides with BOCC in road validation case
District Judge Susie Jensen decided not to overturn a recent decision by the BOCC concerning the validation of the West Fork Pine Creek Road. The section of road pictured here is Langlois Road, an alternative access route to the Roller Coaster, but the road has special easements on it that allow it to be closed without notice, and during a special seasonal closure.
Photo by JOSH McDONALD
WALLACE –– Bonner County District Judge Susie Jensen recently upheld a decision by the Shoshone Board of County Commissioners (BOCC) denying a petition for road validation concerning a section of West Fork Pine Creek Road.
The judicial review appeal was heard via Zoom on August 2, of this year, where attorney David Claiborne argued against the BOCC’s denial on behalf of his clients Paul Loutzenhiser, Robert Jutila, and North Idaho Trailblazers president Wayne Hallgren.
Loutzeniser filed the petition in 2022, for the purposes of validating a section of road that intersects through multiple different property owners before heading into lands managed by the Bureau of Land Management (BLM).
The petition was taken before the BOCC for two different public hearings that year – the aftermath of both hearings being denials of Loutzenhiser's request.
During the hearings, the debate concerning this stretch of road centered on its historical use, and whether it had ever been considered a public highway – which was the foundation of the petitioner’s argument.
Claiborne explained previously that according to Idaho code, there are two ways a public road can be established – public use or by order of the county commissioners.
According to records provided by the petitioners, the road was established by the BOCC in 1909, and since 1909, no record exists that Shoshone County has never vacated or abandoned that road.
Because of that, the petitioners believe that the road remains to this day, a public road.
Claiborne presented a similar argument to Judge Jensen, while also arguing the validity of the BOCC’s findings of fact in the matter.
The reason behind the petitioner’s request for validation is rooted in recent history – but it really boils down to access.
Members of Loutzenhiser’s NITB group, as well as other local recreators, have used the West Fork Pine Creek Road to access a section of BLM land with varying trails and roads throughout it – including an area of specifically constructed off-road obstacles called the “Roller Coaster.”
While alternative routes to the Roller Coster do exist, they pass through a section of privately owned property, which has an easement with BLM that gives the owner the ability to close the road at his discretion and also includes a lengthy seasonal closure. The validation of this section of West Fork Pine Creek Road would ensure access to the Roller Coaster without fear of the road being closed.
Many members of the Pine Creek community have expressed their desire to see the petition denied – citing several issues including noise, traffic, pollution, potential fire hazards, and privacy as reasons for not wanting people to have access to this section of road.
Shoshone County Prosecutor Benjamin Allen, who represented the County in the matter, reaffirmed the board’s decision and explained to the Judge that the burden of proof to determine the validity of a petition such as this lies solely with the petitioner. And if that burden of proof is not met, to a satisfactory level, then the governing board has the discretion to make a decision.
In her written decision, Judge Jensen upheld the BOCC’s decision stating that, “In this case, the court determined the Commissioners did not err in denying Petitioners request to validate WFPCR. However, the court finds that the Petitioners did not act without reasonable basis in fact or law.”
Loutzenhiser told the News-Press on Monday morning that he plans to appeal the decision from the District Court – however, it is unknown if the matter will be taken up in the Idaho Appellate Court or by the Idaho Supreme Court.