UPDATE: Blaine County Files Complaint Against Flying Heart

Sep 23, 2019

Updated post 9/23/19

 

Following public hearings throughout the summer, the Blaine County Commissioners have filed a complaint against the Flying Heart Ranch Owners’ Association in the county court.

 


The issue at hand is not public access to the Big Wood River, but the public’s ability to park on the private Aspen Lakes Drive that runs through the subdivision. In the complaint filed this week, the county outlined its argument for why parking is also guaranteed in the 1979 plat for the subdivision. 

 

There are four easements outlined in the plat: the road, the river, pedestrian access and equestrian access. These public access categories include uses that are “incident to the enjoyment of the express privileges” according to Idaho law, and the county argues parking is a reasonable use under that language.

 

 

Original post from 8/8/19

 

At a second public hearing on Tuesday, Blaine County Commissioners voted unanimously to move forward with a lawsuit against the Flying Heart Ranch homeowners for restricting access to the Big Wood River. This decision comes after an unsuccessful attempt to resolve parking issues with the HOA.

 

The Hailey subdivision put up "No Parking" signs and towed at least one car, effectively prohibiting people from accessing the river. The original plat agreement protects public access to the river and the private road. 

Flying Heart Ranch had proposed a parking area close to the highway, but public commenters argued this spot would be too far away for elderly and disabled residents, among others. So the county’s attorney Tim Graves requested parking spots right by the two access points.  

Flying Heart board president Tom Mistick rejected the county’s parking plan in an email; however, Graves said it was not clear if Mistick was writing on behalf of the whole HOA or just himself.

At the two public meetings, the county heard overwhelmingly from people who support taking legal action to protect public access to the river. But a few Flying Heart Ranch residents were present at Tuesday's meeting. One resident reiterated that littering is an issue on the trails, and she also said during mushroom season, people often enter her property to forage.

County commissioners say they’re willing to work with the homeowner’s association to prevent trespassing and littering. But they say these issues should be handled by the county sheriff, instead of being used to threaten public access to the river.

 

Blaine County also announced it will be putting up signs throughout the county that mark public access points.

 

 

 

Find reporter Rachel Cohen on Twitter @racheld_cohen

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