County may pursue legal action on Cyr Mountain Road closure

Monte Turner, Clark Fork Valley Press & Mineral Independent, Plains, Mont.
·3 min read

Feb. 22—The first movement on the contentious issue of Cyr Mountain Road being gated off years ago took place Friday at the Mineral County Commissioners weekly meeting.

The road is on the south side of the Clark Fork River and was considered a non-maintained county road from Trout Creek behind the old Diamond Match mill to the Quartz Loop Road near the I-90 Exit 55.

Walter "Wally" Congdon, Deputy County Attorney for Mineral County, said he recently found proof that this road was designated as a county road in 1906 by the Missoula County Commissioners, when Mineral was part of Missoula County.

Congdon said he was able to confirm that this is indeed a county road and stated that much of the background work had already been done, thanks to local people.

Congdon also said that utility cables run along the road right-of-way and were placed there because there is no charge to utility companies to use a county road right-of-way. He stated that a total of four meetings had been set up to meet with the owner and his attorneys but the owner refused to attend those meetings, declaring that the road is a private road.

Congdon requested that he be allowed to proceed with whatever options are left to him and to pursue the legal matter in court if necessary. The Mineral County Commissioners voted unanimously to allow Deputy County Attorney Wally Congdon to pursue any action necessary to reopen the Cyr-Iron Mountain Road to public use.

Many conversations have been held with various individuals including Bernard Lea of the Public Land Water Access Association, USFS employees, county employees, and others throughout the years. People have continued to try and access the road but have been stopped by the gate as well as verbal threats.

The following is a recap from the summer of 2013 when Paul Wheaton installed a gate, restricting all travel:

—September 2013 — Public Meeting with the Mineral County Commissioners requesting that the road be restored to public use. Standing-room only. Commissioners concluded that they would consult with the county attorney and other sources in a timely manner and continue to keep the public informed on the progress relating to the gate.

—May 13, 2016 — Public Meeting with the Mineral County Commissioners. Petition with approximately 150 names protesting the closure of this road presented. The first public meeting was initiated by Dale and Becky Magone. The second meeting by Diane Magone.

—December 2016 — Email sent to Ryan Weiss, Public Access Specialist, Montana Governor's Office, requesting assistance with resolving this issue and restoring the road back to public use.

—Dec. 20, 2016 — Response from Ryan Weiss stating that the request had been reviewed by the governor and his staff and requested that he look into the issue further.

—August 2017 — Cyr Mountain Road reopened by fire team due to the Sunrise Fire. Repair work done on bridge over Trout Creek and improvements made on the road. Wheaton put the gate back up immediately afterwards to restrict traffic.

—Nov. 12, 2017 — Email sent to Ryan Weiss requesting that he meet with gate opponents in a public meeting with the Commissioners.

—Feb. 9, 2018 — Public Meeting with the Mineral County Commissioners Ryan Weiss was unable to attend due to bad weather/roads but did send information with possible solutions.

—August 30, 2018 — Letter sent to Ellen Donahue (former County Attorney for Mineral County) and Carole Johnson (former USFS Ranger for Superior) by Bill Geer, President of the Montana Wildlife Federation with signatures from representatives of Hellgate Hunters & Anglers (Missoula Chapter), Helena Hunters & Anglers Association, Flathead Wildlife, Inc. (Kalispell) and Big Sky Upland Bird Association (Missoula). All parties and individuals requesting Mineral County and the USFS investigate the situation and voicing their concern that the road may be blocked illegally.

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