Restraining order not granted against critics of Idaho trail over helicopter harassment
The Department of Justice last week filed for a temporary restraining order against an outspoken critic of an Idaho trail, alleging that the man and his brother harassed a construction crew working on the trail by flying a helicopter low over them, according to court documents.
The motion, filed last Wednesday by U.S. Attorney for the District of Idaho Bart Davis’ office, sought to keep Dave and Michael Boren from interfering with the construction of a trail from the town of Stanley to popular Redfish Lake. The Boren brothers co-founded Clearwater Analytics and now sit on its board of directors.
On Monday, U.S. Magistrate Judge Candy Dale denied the restraining order, but warned that further interference with the project could be grounds to approve such an order.
Dave Boren has been an outspoken critic of the trail, filing a federal lawsuit last spring to stop the project. Part of the trail passes through his 1,781-acre Sawtooth Mountain Ranch, which he purchased in 2016. The U.S. Forest Service purchased a trail easement through that property in 2005.
The restraining order lists Dave Boren and Lynn Arnone as defendants, as well as Sawtooth Mountain Ranch, LLC. Michael Boren and his company Obsidian Aircraft LLC are co-defendants.
The court document claims that on June 20, Michael Boren “buffeted the Government’s contractor with helicopter rotor wash, sediment and other debris during several low-level passes on Saturday morning, as it was constructing the trail. The Government’s contractor’s employees understandably felt threatened and that their safety was at risk.”
Michael Boren did not respond to a request for comment from the Statesman, but he told The Associated Press that “the helicopter didn’t come near the work crews in any way to cause any concern.” He did not confirm whether he was piloting the helicopter, the AP reported.
Witnesses described a passenger in the aircraft making “obscene gestures,” court documents said. It’s not clear who that passenger was.
In a witness statement, David Coyner, co-owner of the Hobble Creek construction company that’s building the trail, said the helicopter approached multiple times over the course of about five minutes.
“During the incident I felt like we were being harassed,” Coyner said in the statement, adding that the helicopter was close enough to blow his hat off of his head. Coyner filed a police report with the Custer County Sheriff’s Office, which was turned over to the Department of Justice.
The incident is the latest in ongoing tension over the trail, a 4.5-mile route meant to provide an alternative means of access to one of Idaho’s most popular camping and recreation areas. The idea for the trail has been circulating for about two decades, and a provision for its creation was part of Rep. Mike Simpson’s Boulder-White Clouds legislation that became law in 2015.
Dave Boren and Lynn Arnone filed a lawsuit to stop the trail in April 2019, claiming that the 30-foot-wide path goes outside the easement on their property and citing environmental concerns. Last June, Dale gave the Forest Service the OK to move forward with the trail. Boren and Arnone filed a second motion to stop work on the trail in May. A hearing on that motion is scheduled for July 15, according to Dale’s decision on the restraining order.
Recently, Dave Boren proposed an alternative trail route, launching a website and touting his proposal to Idaho Statesman opinion editor Scott McIntosh. That article drew swift responses from two proponents of the original trail — the Idaho Conservation League’s public lands director, John Robison, and former Sawtooth National Recreation Area backcountry manager Ed Cannady.
Both said Dave Boren’s alternative plan, which would run closer to U.S. 75, is a poor substitute for the existing trail route. Cannady reiterated to the Statesman in a phone interview that Boren’s environmental concerns — that the trail will cross wetland habitat, sandhill crane mating areas and elk birthing grounds — are unfounded.
“The whole notion that Dave Boren’s proposal of a trail along the road is in any way a better trail is absurd,” Cannady said. “(His argument) is full of misinformation.”
Cannady also disputed McIntosh’s description of the trail route as “pristine.”
“There are roads all over that place,” Cannady said.
He said the community is behind the Forest Service’s plan and called the Borens “wealthy, rich bullies” who are using their status to dissent. Cannady said he believes the trail will go forward as the Forest Service planned, but said he was surprised and disappointed to hear of the accusations that the Boren brothers harassed the Hobble Creek construction crew.
“I’m not sure why (Dave is) taking it to this level,” Cannady said. “It’s unfortunate.”
