County Road R will remain barricaded

A question of semantics apparently means County Road R will remain barricaded at least until a hearing 9 a.m. Monday before District Court Chief Judge Teddy Hartley.

The attorney for six landowners said Thursday his clients believe Curry County is violating a court order obtained last week by refusing to remove the concrete barricades.

But County Attorney Stephen Doerr said the way he reads the court order, the county is complying by leaving the barricades in place. Doerr said the judge who granted the temporary stay, Stephen Quinn, knew the county had already put barricades in place.

"They told the judge what we had done," Doerr said. "The judge knew that it had been barricaded."

Doerr said as far as he is concerned the temporary stay granted Friday was a cease and desist order.

"It says you (the county) are not to do anything," said Doerr, "and we're not doing anything."

Clovis attorney Quentin Ray sees the matter differently.

"Our clients look at this as they (the county) are violating a court order," Ray said.

Ray said the landowners were urging him to request a contempt of court hearing against the county. But when the clerk's office set the date for the injunction hearing for Monday, there wasn't much point in pursuing the issue, Ray said.

The order issued by Quinn reads, "It is therefore ordered ... there is a temporary stay in place and that defendant (Curry County) shall not barricade or destroy County Road R..."

Commissioners voted 4-1 to close the road against the objection of the landowners at an Aug. 21 meeting. Commissioners cited a recommendation from a viewing committee it appointed, which said the road was no longer needed.

Cannon Air Force Base has asked the road adjacent to the west side of its property be closed for security reasons.

Ray's clients argue that closing the road will permanently and irreparably harm them. The landowners are Fred Moore, Billy Moore, Arthur Schaap, Donna Sue Fulcher, Jane Hayman and Jerry Swenson.

Ray alleges commissioners closed the road by using an improperly impaneled viewing committee and failed to present any credible evidence for closing the road.