November 18th 2005

Dear Folks,

There was a court status hearing today on the road issue. The court has scheduled the Administrative Procedures Act judicial review of the closure of the road. The Prescott National Forest will submit the administrative record by Dec 30th 2005.

There was an additional positive development too:

The court may supervise mediation here in Prescott, or in Phoenix. The judge, the Hon. Virgina Mathis, would like me to collect all those affected parties to be present if they wish to be heard on this issue. She will consider the petition.

This includes all the property owners of Mohawk property barred from Walker access, the Lonestar property owners, and the Walker Fire Protection Association along with the LS/MPOA. It should include all those that originally submitted comments (The Blue John proposed Action 2002) or now affected by the Blue John Decision (2002) too, I believe.

Essentially all those with easements and access rights originating or affected by the 1992-present actions along Old Spruce Mt. Road, King Pin Lane, etc...

I will send out further details, but those who are interested should plan on attending a meeting sometime in the beginning of the year. Let me know if you are interested, if so - your best dates, or if I have your support to negotiate and present this issue on your behalf, as you prefer.

The attorney for the Forest Service felt that the FS would/might possibly be responsive to our joint request, without mediation, or the APA action. This has not been my experience, however.... I received a letter from the new Forest Supervisor Alan Quan upholding the previous decision ... but we can send them a letter from the associations as needed.

This seems to be a significant step in resolving the access questions. Supervised mediation by the court would ensure that we were all heard by the court. The mediation process is a discussion between the affected individuals and the Forest Service, there is no guarantee of any particular outcome.

If mediation fails to resolve the issues, the APA review will proceed.

The long awaited packet from the FS regarding the existing easement arrived....

Discussion? Please forward to your neighbors using the road, if you would like. A letter will follow in December to the LS/MPOA membership....

Marc Delany - President
Lonestar Mohawk Property Owner's Association
PO Box 570
Prescott AZ
86302
928 541-1883

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Created 18 November 2005
Modified 18 Novembr 2005