The lawsuit was successful. In May 2022, the property owners who blocked the trail where it crosses their land submitted to a judgment declaring that the public has a right to use it and ordering them to remove the fences. The right is perpetual and enforceable against any subsequent owners of the land. The judgment reads in relevant part:
"This matter comes before the Court based on the stipulation of the remaining parties in
the above-captioned matter. Plaintiff Ralph Bloemers ('Plaintiff') appears by and through his
attorneys of record, Thomas M. Christ and Lisa Dworkin-Kerr. Defendants Rodney Oullette and
Marralene Oullette, individually and as trustees of the Rodney P. and Marralene M. Oullette
Family Trust ('Defendants'), appear by and through their attorneys of record, Hunter B.
Emerick and Daniel S. Reynolds. * * * Pursuant to the stipulation of the * * * parties, the Court enters judgment as follows:
"* * * * *
"2. The public has acquired, by prescription, a non-exclusive easement to use for
'recreational purposes' (as that term is used in ORS 105.682) an existing dirt trail that runs
east/west across the portion of the Property * * * (the 'Easement'). The public’s use is limited to
use by foot and not by any other mode of transportation, including but not limited to, bicycles,
dirt motorcycles, and other motorized or non-motorized vehicles.
"3. The Easement is perpetual and runs with the land, and is binding on Defendants’ heirs,
successors, and assigns, and on any subsequent owners of the Property.
"4. Neither Defendants nor their heirs, successors, or assigns are obligated to improve or
maintain the Easement or to construct, repair, or replace any landscaping or improvements of
any kind within the Easement, even if the failure to make any such repairs, replacements, or
improvements might impair the public’s use of the Easement, but the public shall be entitled to
make such repairs, replacements, or improvements at its own expense.
"5. Defendants and their successors, assigns, and lessees, and anyone who comes into
ownership or possession of the Property, are enjoined from interfering with the public’s use of
the Easement for the purposes described in this Judgment. Defendants are further enjoined to
remove any fences, signs, or other obstructions that may interfere with or discourage the
public’s use of the Easement.
"* * * * * "
To follow up on my post: the judgment has been filed and in now in full force and effect. The public is free to resume using the trail without worry about the former warnings about trespassing.