HAYDEN LAKE - Bring the family dog, some cool drinks, a good book, tanning lotion and lots of friends - Bozanta Drive down to Hayden Lake is 100 percent open to the public.

An early 1970s case in 1st District Court in Kootenai County made that clear, said Hayden Lake city attorney Pete Bredeson at Monday's City Council meeting.

The council was scheduled to vote on a proposed gate across Bozanta, near its intersection with Gibson Road, which would have blocked public access to the lake. The Hayden Lake Country Club owns the property adjacent to the road.

The club submitted an application to build a fence and gate, but pulled it after the 40-year-old court decision surfaced and was reviewed late last week by the city.

"There's no permit to make a decision on," Bredeson announced early in the meeting.

Bredeson said there is a "prescriptive easement" in place because of the history of public use and maintenance of Bozanta. He said there is a 20-foot right-of-way down to the water that the public can use for recreation and boat launching, but not parking.

Signs that have been posted along the road stating "private property," and "member only area," had not been removed by Monday. Those signs also state: No public access, no public boat launch, no trespassing.

City Council members said the city hasn't had time to "resolve" the sign situation.

The Press reported last week that before the council could vote on a fence and gate application, the city had to determine who owned Bozanta from Gibson down to the water, either the city and public or the club.

In March, Larry Comer, of Welch Comer Engineers, told the council the city owns Bozanta by prescriptive easement.

The '70s civil case was between the country club, then called the Coeur d'Alene Country Club at Hayden Lake, and the Lakes Highway District, then called the Hayden Lake Highway District, said Bredeson.

Bozanta was part of the district's road system, and the club sought a court order to have the road abandoned and closed. District commissioners decided in 1970 to oppose the closure.

Two Hayden Lake citizens said Monday they had collected dozens of signatures opposing a gate across Bozanta.