Serving Clovis, Portales and the Surrounding Communities

Residents file suit against county road closure

Only hours after barricades were set in place Friday to close County Road R, a judge ordered Curry County to remove them and open the road for traffic for at least the next 10 days.

District Judge Stephen Quinn's order of a temporary stay on closing the controversial road is in response to a lawsuit filed by six adjoining property owners. Their attorney, Richard Queener of Clovis, said the suit couldn't be filed until the county actually closed the section of the road, thus harming his clients.

Quinn's order means a judge will be picked Tuesday to set a hearing on the lawsuit sometime within the next 10 days. The order also specifies the county is to remove all barricades and refrain from destroying the asphalt paving of the road.

Queener said his clients are also asking the court for a temporary restraining order to keep the road open while they exhaust all legal remedies to permanently stop the closing.

Commissioners voted 4-1 to close the road against the objection of the landowners at their Aug. 21 meeting . Commissioners cited a recommendation from a viewing committee it appointed, which said the road was no longer needed.

Cannon Air Force Base has asked the road adjacent to its property be closed for security reasons.

Queener argued that closing the road would permanently and irreparably harm his clients, identified in the lawsuit as Fred Moore, Billy Moore, Arthur Schaap, Donna Sue Fulcher, Jane Hayman and Jerry Swenson.

Queener also alleges commissioners closed the road by using an improperly impaneled viewing committee and failed to present any credible evidence for closing the road.

"The only evidence presented to the Commission in the official record relating to the road's usage," Queener's suit said, "were the letter from Postman Doug Carpenter that the road is frequently used, a petition with 73 signatures from people who use the road regularly ... all of which were submitted by those opposing the road closure."

Queener said while the commission presented ample evidence of Cannon's safety concerns "closure of the road for Cannon is not a statutory reason to close the road."

Queener also alleges the viewing committee "was not formed in compliance with normal customs and procedures of the County Commission," a point unsuccessfully argued by Commissioner Frank Blackburn, the lone vote against closing the road.

"This committee," Queener charged, "was formed to close the road for Cannon Air Force Base by Commissioner (Caleb) Chandler."

Chandler was not immediately available for comment.

Commission Chairman Wendell Bostwick said while not surprised the landowners filed a lawsuit, he believes commissioners followed the letter of the law in closing the road.

"These are strictly allegations," Bostwick said. "It's my understanding according to what Mr. (County Attorney Stephen) Doerr has told us, we followed the letter of the law.

"The last thing we would do," said Bostwick, "is do anything improper."

The barricades Quinn ordered removed were still in place Friday evening. County Manager Lance Pyle said Quinn's stay order was forwarded to Doerr and he and commissioners were awaiting his legal advice before taking any action.

Doerr wasn't immediately available for comment.

 
 
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