A lawsuit filed by a group of residents to stop the construction of the Lone Pine Bike Park was scheduled for jury trial at the end of June. Now the case, and any information surrounding its status, is no longer publicly accessible.
Background of the lawsuit
At the heart of the lawsuit, which a group of 10 neighbors filed in March 2022, is the city's approval of development of a bike park within the Lone Pine Greenspace established in 2003, which the lawsuit says violates an agreement between neighbors and the city to preserve the natural space.
Through a 2003 petition, a group of neighbors established the Lone Pine Greenspace Neighborhood Improvement District (NID). Establishing the NID, the city agreed to acquire the land, now known as Lone Pine Greenspace, to protect 16.4 acres South of Southern Hills Boulevard between Lone Pine Avenue and the Galloway Creek Greenway as open space. The property owners within the district pay for maintenance of the area through their property taxes. According to one of the council bills establishing the NID, the land was to be used for "Greenspace or Greenspace-like purposes."
The petition signed to create the NID also notes that the area can be used for low-impact recreation, but that no more than three acres be used for recreational facilities other than trails.
In 2019, an unofficial bike park was created by a group of young residents in the Greenspace. According to past News-Leader reporting, instead of stopping the youth's efforts, the city approved construction of a more official bike park in the space. The plans for the project include new multipurpose, natural surface trails, mountain biking features, removal of invasive plants, two new benches and two new signs.
According to the initial petition filed in the lawsuit, the ten neighbors that are part of the litigation allege the city failed to consult with the NID advisory board before initiating plans for the bike park, a notion that was part of the petition submitted in 2003. The lawsuit also alleges that the city's decision to rezone the space from Public Open Space to Public Open Space and Trails in early 2022 is a violation of the NID agreement. As part of the lawsuit, the neighbors also ask the court to rule on the obligation of NID property owners to pay future maintenance costs if the park is constructed. Safety issues posed by increased traffic and illegal parking are also listed as concerns within the lawsuit.
The construction of the park has been paused since the lawsuit was filed.
Judge increases security level
The case, like most lawsuits, was available on Casenet up until recently when the judge assigned the case, Circuit Division 6 Judge Joshua Christensen, temporarily increased the security level. This action effectively removed all case documents, scheduled hearings and any other information on the case from public view.
Greene County Circuit Clerk Bryan Feemster said it is a common practice judges use. It is not an attempt to hide information from the public, but rather to protect the integrity of a jury trial, he said. He said it is used to ensure jurors only consider the evidence presented and approved in the trial, and not anything additional they may have independently looked at on Casenet.
Feemster said the security level will drop down when the case either settles ahead of the trial or the jury trial has concluded. Court Administrator Kylie Young confirmed that the case is heading for trial in June and the next time in front of the judge will be June 6, but no further information can be easily obtained.
Marta Mieze covers local government at the News-Leader. Have feedback, tips or story ideas? Contact her at mmieze@news-leader.com.
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