Ruling Issued On Culbertson Legion Park
The ongoing dispute at American Legion Park in Culbertson over access to the area is another step closer to resolution.
Organizers with Legion Post 81 told the Northern Plains Independent that they have been mowing and cleaning up the park site in anticipation of wider access following a recent ruling from District Court Judge David Cybulski. The Legion has been in an active dispute for decades with Knudsen Limited Family Partnership, which includes area residents Miles and Rhonda Knudsen, whose property borders the park. Rulings opening the area up for use by the public via an access road on the Knudsen’s property have been issued by both the District Court and the Montana Supreme Court in recent years.
Issued Sept. 4, the latest ruling states, “Mr. Miles Knudsen and Knudsen Family Limited Partnership are again found in contempt of this Court’s Order by interfering with the easement road.” The ruling also alludes to the awarding of attorney’s fees to the Legion, following a hearing set for Sept. 24 at 10:30 a.m. at the Roosevelt County Courthouse in Wolf Point.
In the ruling, Cybulski sheds light on the issue of culpability for the ongoing dispute, pointing blame at Miles Knudsen. “Clearly Mr. Knudsen has the ability to restore the road,” writes Cybulski. “He, of all people, knows exactly where it historically went, including where it was recently. Mr. Knudsen has had adequate time to remedy the contempt. Mr. Knudsen has shown he has the ability to do the reconstruction of the access road but has intentionally failed to do so.”
Cybulski’s ruling outlines a remedy for any ongoing defiance of the courts’ orders: “A hearing is set for Sept. 24 to again review the construction of the access road. If the reconstruction is not completely done, restoring the road to its prior permanent all-weather status, then the court will have no choice but to hold Mr. Knudsen in contempt and have him held in custody until the reconstruction is completed.”
Volunteers
Area residents volunteered over the weekend to mow the parking area and various paths at American Legion Park in Culbertson.
(Photo by James Walling)
