M’CHIGEENG—The president of the Manitoulin Snowdusters club vehemently denies any member of the club opened a (locked) gate on Fraser Road in Billings Township, on the club’s trail system. As has been reported previously, the trail from M’Chigeeng to Kagawong (north of MSS) had been closed due to a landowner dispute with Billings Township (the latter wants the Fraser Road declared a public road).
“No, we (Snowdusters) never opened the gate,” stated Doran McVey, president of the Snowdusters. He indicated the gate had been opened by someone other than the Snowdusters and the club’s West End groomer, seeing the gate open and snowmobile tracks, continued on unintentionally.
“We (as a club) can’t stop anyone else (non-Snowdusters members) from going through,” said Mr. McVey.
“We don’t know who it was that did it, but last week someone opened the gate on the trail,” said Brad Middleton, a spokesperson for the Snowdusters Snowmobile Club also confirmed last Friday. “The landowners of the property are saying someone cut the locks on the gate.”
“We have now received a letter from the landowners lawyer saying that the trail is supposed to be locked and off limits for snowmobiles,” said Mr. Middleton.
“As you are aware, we represent the landowners in the above noted case in which you have provided an affidavit in support of the Township of Billings,” Nathaniel T. Oelsner, lawyer for Conroy Trebb Scott Hurtubise LLP said in a letter to the Snowdusters. “It has come to our attention that the gates which have been set up on the respondent’s private property have had their locks severed and a snowmobile groomer has been through the area.”
“As you are all well aware Fraser Road is involved an ongoing court action in which the township is seeking to have it declared that Fraser road is a public road,” wrote Mr. Oelsner. “The fact that the township feels that it must have this court action in order to have the road declared a public road would logically indicate this road is a private road in its current state. We have reason to believe that an individual from your club has groomed this area as a groomer is a specialized piece of equipment that very few people have access to. Accordingly, we demand that all trespassing on Fraser Road by any member of the Manitoulin Snowdusters Snowmobile Club cease immediately.”
“At this time we will be relocking the gates on the Fraser Road and recommend strongly that your club or any agents of the club stay away from the road until such a time as the status of Fraser Road has been decided,” the lawyer wrote. “If at any time following this letter we discover that the locks on Fraser Road have been cut and either a groomer or snowmobile has driven down Fraser Road we will be considering all legal options available to us including, but not limited to, seeking damages from your club and its members for property damage and trespassing.”
Mr. Oelsner continued, “at this time your personal opinions are irrelevant in regards to what status Fraser Road should have, whether public or private. As of this date the road in question is a private road and therefore should you, or members of your club, wish to pass it then you are required to negotiate with the landowners. To date, no negotiations have occurred and no deal has been reached between my clients and your club.”
“Consider this letter notice and warning that should any accident occur on Fraser Road and it be discovered that any members from your club were involved in either the breaking of the gates and/or grooming of the trail that your club may be found liable for the resulting damages which could be in the millions of dollars depending on the accident,” Mr. Oelsner added.
Gore Bay business owner Randy Noble, of H&R Noble Construction, is concerned that if the trail is closed permanently then he will not have access to a gravel pit. He has been renting the gravel pit from a Minneapolis family for about 15 years and his current lease expires in 2017. However, the gravel pit is only accessible through the Fraser Road.
“They’ve (property owners) allowed the township to grade the road and maintain it and now they want to close it off entirely,” said Mr. Noble.
“As a courtesy to the residents on the road I only haul twice a year from this pit, in the spring and fall,” said Mr. Noble. “I’ve used this road since the early 2000s,” he said, noting he doesn’t expect this issue to be resolved by this spring and that it will prevent him from getting to the Fraser Road gravel pit.
“The battle is between the property owners and the township,” said Mr. Noble, noting other area companies used the road to get to the gravel pit since at least the 1960s.
