An access point to another popular trail has been closed, this one since April. This closure was made by a private property owner in the Gracie Road Banner Mountain area. And now the group Friends of Banner Mountain has filed a court complaint. Group president Chuck Staetz says they’re seeking what he calls a prescriptive easement to open the lower Cascade canal gate…

click to listen to Chuck Staetz

In the group’s position paper, Staetz says because the public has used the trail for over half a century, without challenge and without obtaining permission from landowners, they believe the public has established a right to use the trail….

click to listen to Chuck Staetz

Staetz says there’s also legal precedent from a 1972 court ruling. Attempts to reach the private property owner were unsuccessful and it’s not clear exactly why the gate was closed. But in the position paper, Friends of Banner Mountain also says the trail does not expose landowners to additional liability. They say state law affords legal protection to landowners from users of trails that go over private property, as long as there is not an access charge. Meanwhile, the Nevada Irrigation District has scheduled a meeting, next month, with property owners who’ve complained about a trail access closure at Scotts Flat Reservoir.