PLWA has appealed the District Court’s adverse decision on the Mabee Road to the Montana Supreme Court. Our reply brief was filed in late November. We believe the evidence presented that the Mabee Road is a public road with use dating back more than a century is compelling. We remain hopeful that the Supreme Court will reverse the District Court’s decision and forever provide that the Mabee Road is open to the public. We do not know when the Supreme Court will rule on the appeal.
The Mabee Road litigation remains important for public access to a significant portion of the Missouri Breaks and for the precedent that will ensue – good if we win, bad if we don’t. We litigate with reluctance but once it is apparent that litigation is the only remaining means to settle a public access dispute for the public’s benefit, we pursue it with commitment. All litigation is expensive. An appeal to the higher court makes it more so. Mabee Road is just one issue of public access that PLWA is fighting for and we need your financial support to see each of these
cases through the lengthy process of litigation.