After nearly two years of legal wrangling the Doris Davis Trail is open for public access. This trail is designated as the path that is located on the utility easement between University Ave and Beach Street. In the interest of providing specifics we are republishing a recent post provided on our message board...
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"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:
1. 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."
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It is important to note that this statement is not in reference to the "Doris Davis Spur" which is the portion of the trail that is accessible off of Cherry St. This Doris Davis Spur is presently accessible through an easement owned by the neighboring condos south of the property line demarcations (provided by Onion Peak). You will be able to reference the property line by the white plastic posts designated along the trail line. To that end, the Oullette's have been tasked with removing any fencing south of their property line to ensure this easement is free and clear of obstruction. We are hopeful this will be resolved soon. That said, this section of trail south of the property line demarcation is not a public easement but the adjacent condo HOA will be working soon with the county to get it labeled as such. More to come!
We would like to thank our volunteers who dedicated countless hours of their time and resources to see this trail access to fruition. We would also like to thank the donors who contributed to these efforts. Despite the weak showing by the City of Manzanita, the community was able to preserve tail access for years to come. Thank you!
In closing the City of Manzanita continues to punt on southern access to the beach (Cherry Trail). We are hopeful they will accept one of the many solutions that TAC has provided or give a realistic alternative these suggestions. We will keep you posted as events develop.
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