WALLACE — Bonner County District Judge Susie Jensen recently upheld a decision by the Shoshone Board of County Commissioners denying a petition for road validation concerning a section of West Fork Pine Creek Road.

The judicial review appeal was heard Aug. 2 via Zoom, when attorney David Claiborne argued against the BOCC’s denial on behalf of his clients Paul Loutzenhiser, Robert Jutila and North Idaho Trailblazers President Wayne Hallgren.

Loutzenhiser filed the petition in 2022 for the purpose of validating a section of road that intersects through land owned by multiple people before heading into lands managed by the Bureau of Land Management.

The petition was taken before the BOCC for two different public hearings that year. Both were denied.

During the hearings, the debate centered on the road's historical use and whether it had ever been considered a public highway — which was the foundation of the petitioner’s argument.

Claiborne said previously that according to Idaho code, there are two ways a public road can be established — public use or by order of county commissioners.

According to records provided by the petitioners, the road was established by the BOCC in 1909, and since then, no record exists that Shoshone County has never vacated or abandoned that road.

Because of that, the petitioners believe that the road remains public.

Claiborne presented a similar argument to Jensen, while also arguing the validity of the BOCC’s findings of fact in the matter.

The reason behind the petitioner’s request for validation is rooted in recent history, but it really boils down to access.

Members of Loutzenhiser’s North Idaho Trailblazers group, as well as other local recreators, have used the West Fork Pine Creek Road to access a section of BLM land with trails and roads, including an area of specifically constructed off-road obstacles called the “Roller Coaster.”

While alternative routes to the Roller Coaster exist, they pass through a section of privately owned property, which has an easement with BLM that gives the owner the ability to close the road at his discretion and also includes a lengthy seasonal closure. The validation of this section of West Fork Pine Creek Road would ensure access to the Roller Coaster without fear of the road being closed.

Many members of the Pine Creek community have expressed their desire to see the petition denied — citing noise, traffic, pollution, potential fire hazards and privacy.

Shoshone County Prosecutor Benjamin Allen reaffirmed the board’s decision and said the burden of proof to determine the validity of a petition such as this lies solely with the petitioner. And if that burden of proof is not met to a satisfactory level, then the governing board has the discretion to make a decision.

In her written decision, Jensen upheld the BOCC’s decision stating that, “In this case, the court determined the Commissioners did not err in denying Petitioners request to validate WFPCR. However, the court finds that the Petitioners did not act without reasonable basis in fact or law.”

Loutzenhiser said Monday he plans to appeal the decision.