SANDPOINT - A hearing on a restraining order was called off Thursday in an access dispute involving Shadow Valley Lane near Clark Fork.

The hearing in 1st District Court was vacated so Matthew and Elizabeth Deen and Bonner County officials can try to negotiate a resolution without further legal proceedings.

The dispute involves a disputed right of way extending from East Spring Creek Road to Sled Run Trail.

The county contends a 1903 survey identifies the route is a public right of way, but the Deens said that representation is not reflected in a title report for their property.

The couple filed suit this month to have a judge determine if the route is indeed public. Counsel for the couple filed a restraining order after work to develop the right of way escalated.

"We are seeking a peaceful resolution," Elizabeth Deen said in an email to the Bonner County Daily Bee.

Bonner County Deputy Prosecutor Scott Bauer, the county commission's civil counsel, said the Deens' attorney is trying to set up an executive decision to try and resolve the dispute.

"I know the board will consider all reasonable proposals made by the Deens in this executive session," Bauer said in an email.

The access dispute emerged because the developer of the Liberty Heights subdivision incorrectly listed Stoney Brooke Lane as an access route to the development. Landowners on Stoney Brooke, however, insist there is no agreement to use the private road, a position which the county has adopted.

The county proposed using the alleged right of way on the Deens' property to prevent the 21-lot subdivision from being cut off from a public road system.