Stewart Trail- restore access
Donation protected
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October 21, 2022
Dear Friends of the Stewart Trail,
In thanks for the recent court decision that the Stewart Trail is a public prescriptive easement, Fire Island Rustic Bake Shop is generously hosting a celebration and fundraiser on Sunday October 30, from 6:00 pm – 8:00 pm, at their downtown location at 718 K Street. Please join us! It will be a happy opportunity to reflect on our accomplishments and discuss the way forward.
In other events related to the adjudication of the case, on October 10, one of the defendants filed a motion for reconsideration. We are confident the judge will not reverse her September order confirming that the Stewart Trail is a public easement.
The short-term timeline for actions is as follows:
We have 30 days to file a motion opposing their reconsideration motion. We plan to have it filed next week.
The judge will rule on reconsideration. It is unclear how long this will take, but we hope it will be 2 to 3 weeks.
Should we prevail on reconsideration, the defendants will have 15 days to file their opposition to our September 28 motion for entry of final judgment, which was emailed out to you on October 3.
We would then file in opposition to their motion.
The judge will issue the entry of final judgement. Again, it is unclear how long this will take, but we hope it will be 2 to 3 weeks.
Upon the judge issuing the entry of final judgement, the gate will be ordered taken down. We have requested that this happens within ten days.
The gate could be down by the end of the year, or shortly thereafter.
Should the defendants appeal at that time, we are confident the judge would leave the trail open during the appeal process.
Our attorneys have been incredibly generous in not only offering discounted rates, but also incurring significant unpaid bills for past work. And even though the collection of 30% of our past legal fees from the defendants (coupled with our past fundraising) would leave them with less than what they incurred, they have patiently agreed to use that process to collect their unpaid expenses.
As you can see, going forward there is still legal work to be done, and we need to pay our attorneys in a timely manner for the essential work they are doing now, and since the September 1 decision.
For those of you who have donated, we thank you! For those of you considering donating, please think about using part of the large Permanent Fund dividend you recently received.
An anonymous member of Friends has agreed to match any contributions made on the evening of the October 30 celebration, up to $10,000.
This is a rare opportunity to leave your mark for future generations. But future generations cannot pay what is needed right now to achieve this. It is up to us.
Sincerely,
Friends of the Stewart Public Trail,
Bert Lewis, [email redacted], President, [phone redacted]
Roger Marks, [email redacted], Vice-President, [phone redacted]
Paula Cullenberg, [email redacted], Treasurer
Chris Reynolds, [email redacted], Secretary
Michael Malvick, [email redacted], Board member
Michelle Turner, [email redacted], Board member
Pat Hansen, [email redacted], Board member
September 23, 2022
Dear Friends of the Stewart Public Trail:
As we reported last week, though the Stewart Trail is open, there are a number of things that must happen in the near future through the judicial process, in order to reopen the trail with its original easy access. These include:
Respond to a possible motion for reconsideration
Respond to a possible appeal
Get a court order to restore the gate to allow non-motorized access
Define the exact scope (location) of the easement
Recapture attorney fees from defendants
Convey ownership of the easement
We need to pay our attorneys for the essential work they are doing now. Our goal is to raise $50,000 in the next month.
Many of you received the large Permanent Fund Dividend check of $3,284 this week. Please consider donating what you can for the resources necessary to complete the needed steps.
The following are links to the KTUU and Anchorage Daily News stories on our legal victory:
https://www.alaskasnewssource.com/video/2022/09/05/judge-rules-anchorages-stewart-trail-open-recreation-use/
https://www.adn.com/outdoors-adventure/2022/09/11/court-rules-public-has-a-right-to-access-gated-hillside-trail/
Thank you for your support and encouragement.
Contributions can be made in several ways:
which has a 2% charge to us
2. Via PayPal.Me/FriendsStewartTrail (3% charge)
3. By a check made out to Friends of the Stewart Public Trail sent to: FOST, 17801 Steamboat Drive, Anchorage, AK 99516 (checks are preferred).
Sincerely,
Friends of the Stewart Public Trail,
Bert Lewis, [email redacted], President, [phone redacted]
Roger Marks, [email redacted], Vice-President, [phone redacted]
Paula Cullenberg, [email redacted], Treasurer
Chris Reynolds, [email redacted], Secretary
Michael Malvick, [email redacted], Board member
Michelle Turner, [email redacted], Board member
September 5, 2022
Dear Friends of the Stewart Public Trail:
The meaning of Judge Crosby’s recent ruling makes the outcome of our efforts clear. The Stewart Trail is now open to the public. There may be a request for reconsideration and the filing of an appeal after that, but our attorneys believe the ruling is so sound that the likelihood of the decision being reversed is small.
In the immediate future, there are still things that must happen through the judicial process, including:
Respond to a possible motion for reconsideration
Respond to a possible appeal
Get a court order to restore the gate to allow non-motorized access
Define the exact scope (location) of the easement
Recapture attorney fees from defendants
Convey ownership of the easement
Note: even though an appeal would be a lengthy process, our attorneys believe that once the reconsideration is final and the judgment issued, the judge will order the barrier removed and keep it that way during an appeal.
All this work will entail further legal expenses. Our bank account is essentially depleted. Our total legal fees from the trial were $290,000. We have raised significant funds through donations from over 200 families - thank you! Recovering the allowed 30% for past legal costs will not be quick and may ultimately be less than entirely successful. However, our attorneys have generously and patiently agreed to use that process to collect their unpaid expenses. In addition to being effective, our attorneys were very benevolent in offering significantly discounted rates for their work.
In the meantime, we need to pay them for the essential work they are doing now. Our goal is to raise $50,000 in the next month. The trail is open. We need to provide the necessary resources to reopen the trail with its original access. The Permanent Fund Dividend check is coming out soon. Please give what you can. This investment will create a tremendous asset for future generations of Alaskans and return access to this beautiful trail we have all missed over the last several years.
Parking is one of the biggest concerns with the trail opening. We have formed a committee of stakeholders, including neighbors, to look at this. Please get in touch with us if you want to be part of this committee. Until then, if you go to the trail, please do not block driveways, do not interfere with traffic, and obey No Parking signs.
We will continue to update you as events unfold. Thank you for your support and encouragement on this long path.
Background
For decades, the Stewart Trail has been used by hikers, bikers, runners, mushers, berry pickers, snowshoers and skiers of all ages to access a beautiful mountain valley in the Anchorage Hillside and Chugach State Park at the foot of McHugh Peak. In 2015, two recent purchasers of private lots at the trailhead barricaded the trail off at Steamboat Drive, thus preventing all public access, effectively seizing control over an entire mountain. The Alaska Landmine has published a detailed summary of this situation. https://alaskalandmine.com/landmines/one-mans-mountain/
Alaska law provides for a right of continued public access on trails across private land if the public continually and openly used the trail for ten or more years without the specific permission of the landowners. This is known as a public prescriptive easement. The Municipality of Anchorage has already determined that the Stewart Trail qualifies as a public prescriptive easement, and in 2016 directed the new landowners to remove the barricades, but the landowners have consistently refused to comply. However the Municipality declined to litigate the issue, to force the barricades' removal, and the trail and associated park area remain blocked off from public access.
In 2018, a non-profit corporation called Friends of the Stewart Public Trail, Inc. was formed to litigate the right of public access on the Stewart Trail. If this lawsuit is successful, the Trail would be deemed by law as a public prescriptive easement, open to public non-motorized use. Please consider a donation to help.
Organizer
Friends Of The Stewart Trail
Organizer
Anchorage, AK