Hughes Creek gate update

[520 Road Sow]

A guys gotta have some brass kohunas to be putting up something like that in today's day and age.

Tanerite and a RUM @mtmuley ? I'll bring the beers

 

[Shangobango]

Where is this road, I can't find it or a Hughes Creek on the maps...

NVM, found it.

 

[mtmuley]

A guys gotta have some brass kohunas to be putting up something like that in today's day and age.

Tanerite and a RUM @mtmuley ? I'll bring the beers

I might know who put that there. Bad move. mtmuley

 

[Addicting]

I might know who put that there. Bad move. mtmuley

Who’s bad move?

 

[tjones]

Where is this road, I can't find it or a Hughes Creek on the maps...

Up the West Fork of the Bitterroot. Above Painted Rocks Lake.

 

[mtmuley]

Who’s bad move?

Went to school with someone that owns property up there. So, their bad move. What did you think I meant? mtmuley

 

[Addicting]

Went to school with someone that owns property up there. So, their bad move. What did you think I meant? mtmuley

Could go either way, you know the crazy that is willing to shoot folks or you know the guys at the county that are fed up with said crazy.

 

[mtmuley]

Could go either way, you know the crazy that is willing to shoot folks or you know the guys at the county that are fed up with said crazy.

I don't know if said folks are crazy. Wrong? Yeah. mtmuley

 

[Addicting]

Advertising that they will shoot you and take you to court over something deemed legal by the courts…. Well I guess we all our own definition of crazy.

 

[Nameless Range]

Edit: dumb

 

[RobG]

Tim Newman went past a gate like this in Choteau and was shot by the landowner Joseph Campbell in 2013. The trial of the Campbell ended in a hung jury, but he eventually pleaded no contest to negligent homicide. I think he wound up with probation. The family sued him and won $1 million.

Here's a short version:

Hoyt & Blewett Wrongful Death Case Featured On TV

The new HLN original TV series, Vengeance: Killer Neighbors, will feature the murder of Timothy Newman, whose wrongful death case was represented by our very own Attorney Blewett. To learn more, read our blog.

www.hoytblewett.com

Hal Herring was on the jury (he told me it was fascinating). He wrote a good article about the considerations in dealing with this stuff.

He advised landowners and people who ignore the sign:

First, do not, as Joe Campbell did, call up your County Attorneys’ office and tell them that your antagonist “is going to wind up in a body bag.” Do not call local law enforcement and tell them that you are going to “put him down.”

Think hard about this. Have you ever said, “Yeah, and I wish that sumbitch would come over here and try some of that monkey business with me”? How about: “Well, if they break in here, they’ll get the full Smith & Wesson treatment”? Ever buy one of those signs, “Trespassers will be shot. Survivors will be prosecuted”? How about: “Nothing in Here is Worth Your Life”?

Now imagine yourself in the courtroom, on trial for a shooting. Do you want to explain why you claimed to your brother-in-law a couple years back that “I’d shoot that sucker soon as look at him,” after you have—justifiably or not—done just that? Do want to explain why you have a sign on your lawn declaring your willingness to shoot somebody? It’s not going to go well for you.

Firearms and self-defense expert and author Massad Ayoob was aware of the Campbell homicide case and the history between Campbell and Newman. “Trash talk, threats, all of that, that is also called Mens Rea, which is Latin for the ‘guilty mind,’” Ayoob told me. “It’s not complicated. What you have done, if something happens, is you’ve established intent.”

Second, if you are involved in a hot dispute over access across private land or anything else, do not do as Tim Newman did, and arm yourself believing that because your opponent is armed, you must be armed, too. You are setting yourself up for a gunfight at best, one that the law will almost certainly determine was avoidable. At worst, you are providing your opponent with exactly what they may be wanting: an excuse to kill you, and take his or her chances in court.

 

[RobG]

By the way, somebody might inform that landowner of the Campbell case. Perhaps nail a copy of the court case to his tires.

 

[300stw]

i dont understand the lack of action tearing the gates down, just because the public isnt calling demanding it, reading some older articles some dwputy or sheriff , said hope a bunch of people dont show up and cause a scene,,
why isnt 500 elk scouters , grouse hunters, ect , general public camped out there,
it seems the public got a win in the courts and still no acces,,,

it seems private landowners have all the power and very little discomfort over blocking acces, rhe coalition that lost the court cases against the state, did they pay all the attorney fees, ect,,,,
i dont know how to research that info

in other discussions here, its been mentioned the state dont want to sue for acces because if they loose they pay all fees maybe millions,,,

just wondering out loud i guess,,,

 

[300stw]

Tim Newman went past a gate like this in Choteau and was shot by the landowner Joseph Campbell in 2013. The trial of the Campbell ended in a hung jury, but he eventually pleaded no contest to negligent homicide. I think he wound up with probation. The family sued him and won $1 million.

Here's a short version:

Hoyt & Blewett Wrongful Death Case Featured On TV

The new HLN original TV series, Vengeance: Killer Neighbors, will feature the murder of Timothy Newman, whose wrongful death case was represented by our very own Attorney Blewett. To learn more, read our blog.

www.hoytblewett.com

Hal Herring was on the jury (he told me it was fascinating). He wrote a good article about the considerations in dealing with this stuff.

He advised landowners and people who ignore the sign:

that is a very interesting, intriguing article, about concealed carry in todays world,

 

[MO Betta]

that is a very interesting, intriguing article, about concealed carry in todays world,

Probably not a good idea to be strutting around in one of these, either, if you might actually end up being judged by 12 someday.

 

[tjones]

Access group challenges Ravalli County inaction on Hughes Creek Road

The newest gate was posted with a sign that reads: “Warning. No trespassing. You quite possibly could get shot or hurt and then try to sue resulting in a long

ravallirepublic.com

 

[300stw]

im hearing " block any road you want, threaten violence, because county and or state entities wont push the issue"
im wondering if i can throw up a gate on hwy 2, day bwfore hunting season

 

[diamond hitch]

In what I have found with a few calls: 1) the issue has been to court where the road was deemed private and insufficient evidence existed to prove it was a 2477 road , 2) Since the courts could not prove it to be a public road, it is private property. 3) It appears that a county commisioner is taking it upon himself to determine what the courts could not.

As it stands, it appears that there is a prime case for a taking forming up. Or at least double jepardy. It appears to me this is a legal problem yet to be resolved.

As is always pointed out- the devil is in the details.

 

[300stw]

thks for update, i am confused, hasnt this case been to court 2x , and deemed legal road

does every linear foot of a road , need to be proven a foot at a time?

 

[tjones]

As the Bitterroot turns.

Hughes Creek road back in court

The Public Lands Water Access Association recently filed suit asking a district court to require Ravalli County to remove a gate and other obstacles blocking the Hughes Creek Road.

ravallirepublic.com