Red Rock Crossing Bridge Appeal Filed

       Hoping to reverse the dismissal of their lawsuit attempting to force Yavapai County to rebuild Red Rock Crossing, Citizens for an Alternate Route (CFAR) filed its Appeal Brief on March 29, 1999 in Division One, Arizona Court of Appeals.

        The informal, water-level concrete slab at Red Rock Crossing was last washed out during the Oak Creek floods of 1978 and never replaced. After months of threatening Yavapai County with a lawsuit if they didn't construct a new crossing, CFAR filed a Complaint for Special Action on April 24, 1998.

        CFAR's original case, presented in Maricopa County Superior Court, was dismissed by Presiding Judge Robert D. Myers on October 23, 1998.

        Myers ruled that Yavapai County did not have a mandatory duty or obligation to restore Red Rock Crossing. He reasoned that such a decision was at the County's discretion and they could not be compelled to act.

        Citing common law dating back to the eighteenth century, CFAR attorney Cameron Artigue argued the County is required to repair all bridges, including those destroyed by flood.

        In his October 23^rd decision, Judge Myers disagreed. He concluded that CFAR had failed to demonstrate Yavapai County was required by law to maintain the Crossing.

        Judge Myers also wondered about the relevance of much of CFAR's case law referring to bridges and the County's duty to rebuild or replace them. "Red Rock Crossing, however, is not a bridge," he wrote.

        CFAR has consistently advocated that a full-blown, high bridge be built at Red Rock Crossing, but now is claiming it only wants Yavapai County to replace the low-water crossing which existed there before.

        "We are puzzled by CFAR's sudden change of mind," observes Sierra Club Red Rock Crossing Co-Chair Bennie Blake. "For years they've been saying they'll be satisfied with a complete vehicular bridge only -- and now all they want is the old crossing back? I think we all know that would just be the first step toward their ultimate goal of bridging Red Rock Crossing and paving the way for developing the entire area between SR 179 and SR 89A."

        Arizona Center for Law in the Public Interest attorney Jennifer Anderson, representing the Sierra Club, will file a cross-appeal brief, supporting Yavapai County's position.

        "We agree with Judge Myer's decision to dismiss CFAR's suit and believe the Court of Appeals should support his ruling," said Anderson. "We intend to offer arguments on behalf of all those who use and enjoy Red Rock Crossing. It's a unique and wonderful place, worthy of our best efforts to protect and preserve."

        Anderson estimates oral arguments will be heard sometime in the fall, but doesn't expect a decision until the end of the year -- at the earliest.

        From there, the case could go a number of directions.

        "If Judge Myer's decision is upheld," explained Anderson, "CFAR can either accept it or attempt to appeal to the Arizona Supreme Court. The Supreme Court can either agree to hear it or let the Appeals Court decision stand. If the Court of Appeals reverses Judge Myer's ruling, the case will go back to Superior Court for trial unless Yavapai County or the Sierra Club requests review from the Arizona Supreme Court."

        "No matter what happens," Anderson emphasized, "the Sierra Club will be actively involved in the process of defending the special qualities and tranquil beauty of Red Rock Crossing."

Back to: The Proposal

Back to: Recent Events