Boadle Road / Sun River Slope Canal Road / County Road 213 Summary

In 2000, hunters, including the late PLWA (then PLAAI) stalwart, Jim McDermand of Great Falls, noticed the road to one of their favorite duck hunting spots, Pishkun Reservoir, was blocked and posted. PLWA sued in December 2000 and won a judgment that the Boadle Road was indeed a public road, the first of a number of cases, including 5 MT Supreme Court Cases. The roads provide access to Pishkun Lake Wildlife Refuge, the 918,000 acre Rocky Mountain Front Conservation area, Tunnel Lake, and several Montana state sections – some of the wildest public land in the U.S. There are actually two intersecting roads involved in these cases: a portion of Teton County Road # 213, called Boadle Road, and the Sun River Slope Canal Road.

Around 1998 or 1999, Roger Jones, a resident of Virginia at the time, became interested in purchasing property in Montana. He was interested in property southeast of Piskun Reservoir, which included a county road #213 and a canal road, Sun River Slope Canal Road. Both roads involved public access. “Jones required the seller of the property, Short Stevens, to install locked gates to block public access before Jones would agree to purchase the property. A July 5, 2000, letter from Jones’ agent to Short Stevens, to install locked gates to block public access before Jones would agree to purchase the property. A July 5, 200, letter from Jones’ agent to Short Stevens outlined the basic terms of the sale… It stated that Stevens ‘agrees to install locked gates at the eastern entrance to the ranch and at the bridge crossing the canal a.s.a.p… Upon notice that the locked gates have been installed, the buyer will submit $50,000 in earnest money to cement the transaction.”

PLWA brought legal action, in late 2000, against Roger Jones, the Board of County Commissioners for Teton County, and the Greenfield Irrigation District seeking a declaration that Road No. 213 (Boadle Road), in Teton County, was a county road or, alternatively, that there existed a public prescriptive easement to it. Later, the Irrigation District was dismissed from the lawsuit.

referred to as the ‘Sun River Slope Canal Road’ (‘Canal Road’) during trial.”

During litigation a fire burned down the Boadle Road bridge, around February 2002, which Jones replaced around April 2002, in the same location.

Judge Marc Buyske declared, on July 9, 2003, the Boadle Road to be a public road through prescriptive easement, in use since the early 1900s. “[t]he road located in Section 24, Township 22 North, Range 7 West, commonly known as the ‘Boadle Road’, is a public road and until abandonment may be used by the general public without interference from the owner of the underlying land.”

“The District Court found the PLAA (PLWA) presented adequate evidence of the historical use of the Boadle Road to establish a public prescriptive easement. Specifically, the District Court found the road in question has been in existence since the early 1900s; the general public has used the road for various purposes including recreation, moving cattle to summer pasture, travel to work locations, transporting children to school, and accessing the town of Choteau for commerce and personal needs; the public use of the road for such purposes began in the early 1900s and continued unabated until late 1999 or early 2000; the early owners of the land over which the Boadle Road traverses were aware of the public use of the road during the time the public used it; without either a request or permission from the landowner, Teton County periodically maintained that portion of the road, including the Boadle Bridge, during the period of time the public used the Boadle Road; public users of the Boadle Road did not seek the landowner’s permission to use the road; early owners of the Boadle Ranch believed the road was a “public road,” therefore, their permission was not required for the public to use the road. By his own admission, Jones acknowledges “sufficient evidence exists in the record to support such findings.”

Jones appealed the District Court’s decision to the Montana Supreme Court (PLAA I / PLWA #1). The Supreme Court affirmed the District Court decision.

Then landowner Roger Jones blocked a further section of the road known as the Canal road with a locked gate and chain. Again, PLWA sued on October 10, 2003 for a prescriptive easement and an injunction against Jones further attempts to block access. After the complaint was filed, PLWA found that the Greenfield Irrigation District held an easement on the Canal Road. In late 2005, PLWA discovered that the United States of America Bureau of Reclamation held an easement on the Canal Road, joining the Bureau to the suit as a defendant on Dec. 6, 2005. Later on March 17, 2006, the Bureau and PLWA entered into a stipulated agreement that the Bureau owned a nonexclusive easement of right-of-way and had never blocked the public from access. The Bureau was then dropped from the suit. Jones then filed for the case to be dismissed based on the federal jurisdiction, the District Court granted Jones’ motion and dismissed PLWA’s suit with prejudice. PLWA appealed and the MT Supreme Court reversed the District Court’s dismissal of PLWA’s suit, remanding PLWA’s suit back to the District Court for further proceedings (PLAA II / PLWA #2). “Upon conclusion of the remanded case, the District Court determined that the public had acquired a prescriptive easement over Canal Road and Jones could not block the portion of the road that traversed his property.”

Jones also appealed the District Court ruling to the Supreme Court again (PLAA III / PLWA #3), with the Supreme Court affirming the District Court’s ruling. As a result of the rulings, Jones tore out his replacement bridge in 2011, relocating it to a part of his property the public did not have an access easement on (captured by satellite in 2011 - see picture below), on the basis that if he built it he could do whatever he wanted with it.

PLWA again went to the courts, on November  22, 2011, arguing that one cannot destroy an improvement on a public road regardless of how it came about. PLWA also claimed “tortuous interference” with the road and asked for damages and attorney fees. The District Court ruled against PLWA on all counts. PLWA then appealed to the Montana Supreme Court who reversed the District Court’s order and remanded the case back for further proceedings on  February 12, 2013 (PLAA IV / PLWA #4).

A jury trial was held June 23-25, 2014. The Jury returned a verdict in favor of PLWA on , finding Jones liable for both PLWA’s claim of tortious interference with an easement and their claim of public nuisance.  The jury also determined that Jones acted with malice and awarded punitive damages. The court concurred with the findings of the jury on Sept. 11, 2014.

Again, Jones appealed to the Supreme Court about the damages awarded and PLWA appealed the District Court’s decision to not award reasonable attorney fees and costs. The Supreme Court affirmed the supplemental relief and restoration damages to PLWA and reversed the District Courts decision that the attorney fees were to come out of the bridge restoration funds, remanding the case back to the District Court for PLWA’s attorney fees on October  15, 2015. (PLAA V, PLWA #5).

Altogether it went to the Montana Supreme court 5 times.

Settlement funds are dedicated to bridge replacement and, when complete, the road will again be open to the public.

The new bridge was completed in 2017. PLWA, who is not in the bridge owning business, turned the bridge over to Teton County, who accepted it. Unofficially, PLWA named the Boadle Bridge, Jim McDermand Bridge, after Jim McDermand, who unfortunately died on June 13, 2014, never getting to see this access restored.

On December 14th, two PLWA members, John Borgreen and Kathryn QannaYahu, documented the new Boadle Bridge, restoring public access to Pishkun Lake Wildlife Refuge, the 918,000 acre Rocky Mountain Front Conservation area, Tunnel Lake, and several Montana state sections. QannaYahu noted there were still 2 – “Bridge Out, No Access” signs on the road. She contacted Teton County Road Department, sending the pictures and GPS coordinates for their removal, so that the public will know they have restored access.

Read the case filings here:

2004 MT 394

2008 MT 12

2011 MT 236N

2013 MT 394

2015 MT 299

UPDATE: March 2012

Boadle Road Court Victory

A 10 year legal battle goes on…and on…and on!

On Nov 30, 2010, Judge Nels Swandal of the Montana 9th Judicial District in Choteau Montana , decreed as follows: “The road located on Jones Property known as the Sun River Slope Canal Road (“Canal Road”) , from the intersection with Boadle Road up to Pishkun Reservoir, is a Public Road and until abandonment may be used by the general public without interference from the owner of the underlying land”. This simple declarative sentence sums up the result of legal action lasting over 10 years. It was a great victory for access advocates. Essentially the judge said the road was a “public prescriptive easement” and that PLWA had proved, “through clear and convincing evidence, that the public had used the road for about 70 years…”. This finding took 10 years and 4 different court cases. Whew! Thanks to the support of members, the perseverance of volunteers, and the skills of the Goetz law firm (Ben Alke was the lead attorney for the final hearing).

The Boadle Road and Sun River Slope Canal Road lead to the south side of the Pishkun Reservoir, a Wildlife Management Area, Tunnel Lake, and public lands beyond. It had been illegally locked off by a private party around the year 2000. It starts at a missile site west of Fairfield. PLAAI (now PLWA) brought suit based on testimony that gas tax money had been used for public maintenance of the road and that it had been used by the public continuously for many years. PLWA won a court decision to get that road open. However, the landowner then blocked it again at a point not covered by the court decision. At this point the road is called the “Sun River Slope Canal Road” A subsequent law suit by the landowners contended that PLWA did not have standing to sue because the Bureau of Reclamation held the road easement – not PLWA. PLWA appealed that decision to the Montana Supreme Court and prevailed in early 2008 . PLWA then had status to proceed. While this was a victory, the case was far from over.

The issue of illegal closure in the second part of the road went back to District Court in December of 2008. Finally, a June of 2010 District Court hearing resulted in the November of 2010 decree noted above.

Sadly, after the decision, the landowner filed an appeal to the Montana Supreme Court and the judge ordered a stay in order for the landowner to negotiate a work around of sorts. We understand that landowner is willing to allow relocating the road around his homestead, but PLWA has placed conditions on acceptance of that offer. We believe the landowner should

1) Keep the old road open until such time as an alternative is agreed upon,

2) Pay all legal costs associated with the county and Bureau of Reclamation in permanently creating a public road , and

3) Pay all construction costs.

UPDATE: June 2010

Boadle Road Hearing - A Long Court Battle in Choteau County

The Boadle Road or “Sun River Slope Canal Road” leading to the south side of the Pishkin Reservoir, a Wildlife Management Area, and public lands beyond had been illegally locked off by a private party claiming ownership. PLAAI (now PLWA) brought suit based on testimony that gas tax money had been used for public maintenance of the road and that it had been used by the public continuously for many years. PLWA won a court decision to get that road open. However, the landowner then went on down the road and blocked it again beyond the point not covered by the court decision. A subsequent District Court decision contended that PLWA did not have standing at the second blocking location because the Bureau of Rec. held the easement – not PLWA. The PLWA law firm of Goetz and Associates of Bozeman appealed that decision to the Montana Supreme Court and prevailed in early 2008.

While this was a victory, it was far from over. The basic case of illegal closure in the second part of the road went back to District Court. Preliminary legal action on the district court hearing and action commenced on 12-18-2008. In June of 2010, the hearing was conducted in the District Court in Choteau, with Judge Nels Swandal presiding. Swandal is a candidate for the Montana Supreme Court.

Here is what PLWA President John Gibson, who attended the hearing observed:

“A long list of witnesses was called by the Goetz Law firm lawyer Ben Alke. They all testified that they used the Canal Road as they had the Boadle Road for many years and never asked permission. The opposition lawyer, representing the land owner Mr Jones, asked during cross examination, if each witness thought Mr. Boadle believed it was O.K for them to use the road? Finally, one lady set them straight by saying, ‘I didn’t think Mr. Boadle had any thing to say about it. It was a public road.’

From my perspective it appeared that it should be an open and shut case in favor of a public road easement. But you never know. The opposition tried to claim there were no commercial activities dependent on the use of this road. I would not think commerce would be that important.

I doubt that the judge will make a ruling on this case any time soon, but maybe I am wrong.”