Appeal Announced by Bridge Promoters
On October 23, 1998, Maricopa County Presiding Superior Court Judge Robert D. Myers dismissed a lawsuit filed by Citizens for an Alternate Route (CFAR) attempting to force Yavapai County to rebuild Red Rock Crossing.
CFAR filed the suit on April 24, 1998, claiming Yavapai County was required by law to replace the low-water concrete crossing originally built in the 1930's and washed out by floods in 1978.
Yavapai County responded that the decision to repair or replace the crossing was discretionary – not mandatory – and moved to dismiss the suit.
In his decision, Judge Myers granted Yavapai County's Motion to Dismiss, which was supported by the Sierra Club. Judge Myers declared that dismissal of CFAR's lawsuit was warranted because, under Arizona law, the County has discretion to decide whether or not to reconstruct the crossing and could not be forced to do so.
Judge Myers rejected CFAR's alternative argument that Yavapai County had abused its discretion in deciding not to rebuild Red Rock Crossing. The judge concluded that, assuming Yavapai County ever made a formal decision not to repair or replace the crossing, the decision was not made in an arbitrary or capricious manner.
The Arizona Center for Law in the Public Interest represents the Sierra Club in this dispute. Judge Myers had previously denied the Sierra Club's Motion to Intervene on the side of Yavapai County, but did allow the Sierra Club to participate as an amicus curiae (friend of the court).
"We are obviously very pleased with the Court's ruling," said Center staff attorney Jennifer B. Anderson. "While we believe the Sierra Club should have been allowed to intervene, we are gratified that the Court made the right decision on the Motion to Dismiss."
"It is a great relief and a tremendous joy to know that after more than eight years of effort by the Grand Canyon Chapter of the Sierra Club, Red Rock Crossing is still safe from development," said Tom Slaback, Co-Chair of the Sierra Club's Red Rock Crossing Committee. "Future generations of people from the United States and the rest of the world will be able to stand in awe and admiration of one of the great places of the American west."
"I couldn't be happier," added Bennie Blake, the other Committee Co-Chair. "It's a huge victory for people around the world, for today's children who play there, and their children and grandchildren who in their time will be able to enjoy the peace and quiet at Red Rock Crossing."
But the issue is still far from settled.
CFAR President Joe Sansing announced his group’s intention to appeal Judge Myer’s decision to the Arizona Court of Appeals. "We didn’t come this far to just throw up our hands and say quit because one guy doesn’t agree with our position," explained Sansing. "When the three-panel appellate judges review this thing we’ll win."
It is estimated the appeal process will take approximately one year to complete.
Back to: The Proposal
Back to: Recent Events