A group that has been trying for years to get Garden City to open up its north side Greenbelt to bicyclists — as some say the state intended when it deeded the land to the city in the late-1990s — has hit a major roadblock.
The lawsuit filed in November 2010 by Citizens for an Open Greenbelt against the city was dismissed earlier this month by Fourth District Court Judge Cheri C. Copsey.
“Of course, we’re pretty doggone disappointed,” said Gary Segers, a Garden City resident and Bureau of Reclamation retiree who founded COG.
“I’m just proud of the fact that people now know what’s going on and the whole absurdity of the situation,” Segers said.
He said COG hasn’t decided if it will appeal. The group may pursue a referendum that would let voters decide the city ordinance that bans bicycles on that stretch of northside Greenbelt.
Currently, cyclists headed west on the northside of the Greenbelt who don’t dismount their bikes in Garden City face a citation with a $73 fine, city attorney Frank Walker said.
Garden City Mayor John Evans said city officials are pleased with Copsey’s ruling but not surprised.
“It wasn’t unexpected at all,” Evans said. “It’s unfortunate that it cost so much to defend ourselves.”
He said the city spent about $19,000 on legal fees. Segers said his group had three attorneys working pro bono, but they spent about $2,500 on depositions and filing costs.
In a decision of almost 30 pages Feb. 2, Copsey ruled that COG lacked standing to bring the suit.
Copsey rejected the group’s claim of injury because bicycling is banned on a section of the Greenbelt along Riverside Village.
“Any citizen must comply with the ordinance establishing a pedestrian-only path. Everyone is similarly affected,” the judge wrote.
COG also alleged that the city violated the “public trust doctrine”— the obligation for the land to be maintained for public use — but Copsey said there is no violation because the land is open to the public and being used as a public amenity.
“Limiting the 1-mile section of the Riverside Village pathway to pedestrian traffic does not in any way alienate public trust resources to a private entity or use,” Copsey wrote.
Segers says there are about 1,000 people on COG’s email list. He and other members want to see the Greenbelt be a continuous pathway, allowing cyclists to travel easily from Boise to Eagle.
Garden City has Greenbelt pathways on both the north and south sides of the river — but neither go all the way to Eagle.
The paved northside path ends near the pond close to Glenwood Street and turns to gravel. Obtaining right-of-way easements from property owners or seizing property through eminent domain would be needed to extend the pathway to Eagle, Evans said. And the mayor doesn’t see that happening.
Garden City’s plan calls for its paved path south of the Boise River to cross the river and connect to Eagle’s path west of Garden City.
But finding money to pay for that has been an issue.
Efforts by the Foundation for Ada-Canyon Trails Systems (FACTS) to extend the southern pathway through to Eagle Road continue. A $103,000 grant from the Idaho Department of Parks and Recreation will cover much of the cost of the 3.2-mile extension, which could be completed as soon as this summer.
Garden City is also socking away money for a bridge that’s needed to allow users of the southern pathway to cross over the river to get to Eagle. The bridge would be near the eastern head of Eagle Island where the river splits, Evans said.
Evans said estimates on the cost of the bridge are about $700,000. The city hopes to get a grant to help cover some of the costs, and it has about $160,000 in matching money so far.
Katy Moeller: 377-6413
