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Countdown To Finality (Little J Content)
From Monessen, PA
Not looking to begin a discussion or argument, just passing on an update on the situation. I didn't realize, but apparently, the Judge's prior decision didn't become final until today. There may have been "post-verdict motions" made. The appeal rights begin to run from this point. 30 days without appeal and the decision is final.
Judge affirms Little Juniata open for public fishing
Friday, June 15, 2007
By Deborah Weisberg, For the Pittsburgh Post-Gazette
A Huntington County judge has confirmed his previous ruling that the Little Juniata River is navigable and open to the public. In an order handed down Wednesday, Common Pleas Judge Stewart Kurtz detailed restrictions imposed on the Spring Ridge Club and other defendants, who had prevented public access to a 1.3-mile section of the river near its confluence with Spruce Creek and started a private fishing club.
The Pennsylvania Department of Environmental Protection, the Department of Conservation and Natural Resources and the Fish and Boat Commission won its lawsuit against the club's Donny Beaver and codefendants in January. The judge's order specifically prohibits Mr. Beaver from advertising the river as private, posting or hanging signs and "threatening, harassing and otherwise attempting to exclude the public" from the Little Juniata.
According to the order, private property along the river extends to the low water mark, and a public easement exists between the ordinary low and high water marks. The commonwealth based its claim of ownership of the river on historical evidence that it had been used for navigation and trade dating from the 1700s. Wednesday's order gives the Spring Ridge Club a month to appeal the outcome of the lawsuit, which was tried before Judge Kurtz in June 2006.
Posted on: 2007/6/15 15:56
It's a matter of degree.
Re: Countdown To Finality (Little J Content)
I am going to buy the Judge a beer next time I see him: I already thanked him for the decision, he is a great guy and a baseball fan too. SRC and Donny Beaver have done more to divide the fly fishing community in the area, than anyone in the history of the sport, it takes a massive ego to believe that he is right and the rest of the state is wrong. Is there any way we can find the total legal costs involved in this, I think there were three state agencys involved, plus our local costs, all paid by the citizens of course. Also this recent decision states the access is between the high and low water marks, which was a little vague in the pevious proceedings. THANK YOU JUDGE KURTZ
Posted on: 2007/6/16 10:17
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