Hello Everyone,                                                                                       February 18, 2024

Here’s the latest update, along with some very heartfelt thanks and a request regarding the legal efforts to restore “The Easement” between Alameda Diablo and Mt. Diablo Scenic.  Please read the update, enjoy the appreciation, and consider the request - and be sure to also share it with ALL of your friends!

A quick recap: Easement supporters were shocked when, on September 28th, 2023, a metal fence was installed across “The Easement” (trail) to block all users from crossing between Alameda Diablo and Mount Diablo Scenic Blvd.  This trail began as a vehicular road built over 100 years ago, in 1916.  It was formally rededicated as a Dedicated Public Riding and Hiking Easement in 1979.  Over the years, hundreds of thousands of State Park users and local residents have used “The Easement” to travel safely between Alameda Diablo and Mt. Diablo Scenic Blvd to access the Diablo post office, South Gate Road, and Mount Diablo State Park.  We believe the metal fence is illegally blocking a public right of way. For historical information and updates visit bikedanville.org 

Our two legal cases challenging the new fence:

1. On May 17, 2024, Judge Douglas will rule on our  "Motion to Set Aside Stipulated Judgement"(Case No.MSC17-02529)  This case challenges what we consider an overreach by US Bank and the Intervenors regarding the rights and obligations of the property owner related to the Easement and its blockage. Read 50 Amazing Declarations supporting the Court Hearing. 

2. Last October in Judge Mockler's court we filed a complaint seeking court action to “quiet title” to the Easement on behalf of the public and for injunctive relief from the metal fence blocking the Easement (Case No. MSC23-02578). This also required a second filing, a “Motion for Preliminary Injunction” to immediately remove a portion of the fence blocking the easement. How quickly this case proceeds will be dependent on the outcome of the other legal case.

Two Courts, two Judges and two lawsuits may seem excessive but at this stage we are attacking this metal fence blocking a public Easement by ALL legal means available.

Which leads to the thanks and the request:  Legal actions are costly.  For those of you who have already contributed, THANK YOU – and please feel free to contribute again!  If you have not yet contributed but in any way value the Easement, we hope you will consider helping defray some of the costs by going to our GoFundMe page  and making a contribution.  All monies contributed go directly to the attorneys. 

 Best Regards,                                                                                                                           Alan Kalin                                                                                                                                 COL, USA (Ret.)