Bridge Promoters Sue County and Try to Bypass NEPA

Sierra Club and City of Sedona become Involved

        Following Yavapai County's decision to withdraw from the Red Rock Crossing controversy, Citizens for an Alternate Route (CFAR) followed through on its long-threatened lawsuit against the County, filing a complaint for special action in Yavapai County Superior Court on April 24, 1998.

        CFAR is the Sedona organization which has been promoting the bridge.  According to their Vice President, Nancy Scagnelli, "Citizens for an Alternate Route is an organization that's sole purpose is to support the reinstatement of Red Rock Crossing, the only viable alternate route between the Village of Oak Creek and West Sedona."

        CFAR maintains that Yavapai County is legally obligated to reopen Red Rock Crossing. By its suit, CFAR is attempting to obtain an order from the court to force the County to move forward with the construction of a low-water crossing or bridge at Red Rock Crossing.

        Yavapai County’s position, as expressed by Deputy County Attorney M. Randolph Schurr, is that no valid legal basis exists for CFAR’s assertion that the County is obligated to reestablish or build a bridge at Red Rock Crossing based on any historic use of that Crossing.

        Because Yavapai County is the defendant in this action, a change of venue to an adjoining county was requested. The case has been relocated to Maricopa County, where it will be heard by Superior Court Judge Robert D. Myers in Phoenix. No court date has been set.

        On April 28, 1998, the Sierra Club announced it would attempt to intervene as an interested party, supporting Yavapai County.

        At its May 12, 1998 meeting, the Sedona City Council decided to get involved.

        After a lengthy monologue by outgoing Mayor Ivan Finley on the importance of a Red Rock Crossing bridge to the future of Sedona, the Council took two actions.

        First, they moved to approve Resolution 98-28, "supporting the reestablishment and restoration of Red Rock Crossing as an alternate route between SR 89A and SR 179." The vote was 5 to 1.

        Then the Council moved to have the City’s legal department file an amicus curiae ("friend of the court") brief on CFAR’s behalf. The vote was 4 to 2.

        Both motions were introduced by Vice Mayor Sheri Graham.

        Responding to conflict of interest concerns, expressed in constituent phone calls, faxes and letters, Mayor Finley and Vice Mayor Graham publicly admitted their CFAR membership. Even though City Attorney Michael G. Goimarac issued a legal opinion that their connection with CFAR did not constitute a conflict under the law, many local residents still questioned the propriety of Finley and Graham’s actions.

        In addition, since Red Rock Crossing is located in Yavapai County, outside Sedona city limits and jurisdiction, others wondered why the City was involving itself in the first place.

        On May 22, 1998, CFAR President Joe Sansing and Mayor Finley were among a group of bridge supporters who met with Sedona District Ranger Ken Anderson and Acting Coconino Forest Supervisor Fred Salinas to discuss the alternate route issue.

        According to a May 27^th Sedona Red Rock News story, the meeting was prompted by a letter written by Sansing to Eleanor Towns, the new Regional Forester in Albuquerque. Sansing informed Towns that NEPA was not necessary to restore Red Rock Crossing, enclosing some court decisions he believed supported his conclusion.

        Towns, according to the News, disagreed. She wrote back "determining that further NEPA work was needed for the Red Rock Crossing proposal." Anderson reportedly concurred with Towns, telling the group that any time a project will be done on federal land and may affect the environment, a NEPA process is required.

        After the meeting, Sansing informed the News that CFAR officials would continue to contact Representative Bob Stump (Third District, Arizona) to seek his support in helping to restore Red Rock Crossing. Evidently CFAR is hoping to find a way to sidestep NEPA and bypass environmental concerns through some sort of congressional intervention.

        Another CFAR proposition surfaced in the News report. They apparently want to put the alternate route question on the ballot in November. Their intent is to restrict the issue to voters in the Sedona-Oak Creek School District or Sedona Fire District – although countywide ½ cent sales tax money would be used to finance any bridge at Red Rock Crossing.

        But even if such an election turned out to be favorable to CFAR’s position, it appears the Forest Service will still insist on NEPA compliance.

        On June 30, 1998, Yavapai County Deputy Attorney M. Randolph Schurr filed a motion to dismiss CFAR's complaint.

        In an interview with the Sedona Red Rock News, Schurr explained, "Under state law, the county has no duty to repair or reconstruct public roads.   What we're asserting is the county elected to discontinue that (route) as a through road rather than expending funds necessary to reconstruct a crossing." 

        Furthermore, he told the News, there is not sufficient evidence to show the old crossing was ever part of a county highway.

        CFAR's Phoenix attorney, Cameron Artigue, will probably file a response to the County's motion sometime in August.

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