Public nuisance vs public access: Fence blocking popular Mount Diablo path renews years-long clash

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Public nuisance vs public access: Fence blocking popular Mount Diablo path renews years-long clash
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More than 2,500 people have signed an online petition seeking removal of the fence blocking a popular Mount Diablo path.

A large group of bicyclist stand behind a wrought iron fence located between Alameda Diablo and Mt. Diablo Scenic Boulevard in Diablo, Calif., on Thursday, Oct. 12 2023. A fence is blocking a long used cut through path that has been used by cyclists, walkers and hikers for many years that allowed access to Mt. Diablo. The iron fence was installed at the end of September.

Before the fence was erected, many trail users took the neighborhood bypass until they reached a popular gravel path near 2354 Alameda Diablo, where a 25-foot “riding and hiking easement” was carved out in 1979 county parcel maps amid development of the private enclave, and aas the community was expanding in the early 1910s. Ever since, cyclists — as well as hikers, dog walkers, equestrians and Diablo residents — have used that path to reach the “South Gate” trailhead via Mt.

Todd Gary, a San Ramon Valley Mt. Bike Club coach, uses his hand to show where a gate should be installed along a wrought iron fence located between Alameda Diablo and Mt. Diablo Scenic Boulevard in Diablo, Calif., on Thursday, Oct. 12 2023. A fence is blocking a long used cut through path that has been used by cyclists, walkers and hikers for many years that allowed access to Mt. Diablo. The iron fence was installed at the end of September.

Without anyone to be held accountable, some of the complaints were dropped. However, the “intervenors” continued to push the case forward in March 2023.because it was never properly recorded with state agencies. She called for a barrier to be installed and maintained to “prevent members of the general public from continuing the private nuisance.”

Dominic Signorotti, the attorney representing the latest plaintiffs, doubled down on the idea that the original easement dedication was never accepted, adding that it was limited to “horses and hikers” only — not bicyclists.

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