Court of Appeals Refuses to Force Rebuilding of Red Rock Crossing

Bridge Boosters Appeal Decision

        On November 26, 1999, the Arizona Court of Appeals issued a decision in a lawsuit brought by Citizens for an Alternate Route (CFAR) to force Yavapai County to rebuild a low-water concrete crossing that previously spanned Oak Creek at Red Rock Crossing. In its decision, the Court of Appeals upheld a lower court’s dismissal of the lawsuit. The Arizona Center for Law in the Public Interest represented the Sierra Club on the side of the County in opposition to CFAR’s demands.

        The low-water crossing that was the subject of the lawsuit was first built in the 1930’s, repeatedly washed away and rebuilt, then never replaced after the 1978 floods. Whether to replace the crossing has been a source of controversy ever since.

        The controversy came to a head in 1996 when Yavapai County announced its intention to build a bridge near the site of the old crossing. The proposed four-span bridge was over 2,000 feet long, 47 feet wide and 27 feet above the flow line of Oak Creek. The County’s proposal generated intense opposition from citizens and environmental groups, including the Sierra Club, who were concerned that the traffic and pollution accompanying the bridge would degrade the scenic beauty of Red Rock Crossing.

        The County suspended its plan to build a bridge when it became clear that the cost of complying with federal environmental laws would be enormous. In response, CFAR and two of its members filed suit to compel the County to replace the crossing, arguing that the County had a mandatory duty to maintain and repair all public highways regardless of potential environmental damage or costs to the taxpayers.

        The case was first heard by Maricopa County Superior Court Judge Robert D. Myers. Judge Myers dismissed CFAR’s lawsuit, finding that a county had no mandatory duty to maintain and repair public highways. As a result, Judge Myers concluded, a court could not order Yavapai County to replace the crossing.

        CFAR appealed to the Arizona Court of Appeals, where a three-judge panel unanimously agreed with Judge Myers, stating that "Arizona law imposes no duty on a county to maintain or repair a particular roadway."

        On December 10, 1999 CFAR President Ivan Finley announced his group’s intention to file an appeal with the Arizona Supreme Court. During an interview over Sedona radio station KAZM, Finley conceded that their attorney advised there was only a 25 percent chance of the case even being considered by the state’s highest court. In spite of these rather discouraging odds, Finley emphasized, "We are not giving up!"

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