Tortolita Mountain Public Access Blog

Court Dismisses All Criminal Charges in Marana/Saguaro Ranch Trespass Cases. Judge Declares Marana’s Actions an Improper use of Criminal Process.

by admin on Oct.15, 2009, under Uncategorized

Released: 10.15.09
 
All charges have been dismissed against Defendants Sharyl Cummings, Steve Blomquist and Tracy Chamberlain in the Marana/Saguaro Ranch Public Easement Trespass Cases.  The Town of Marana began criminally citing anyone carrying a protest sign while walking on the disputed public easement after the Town gave quitclaim deeds to various developers/landowners in Saguaro Ranch. The Defendants promptly filed a motion to dismiss. They argued that there is a legitimate ongoing controversy over the public’s right to use an easement through the scenic Tortolitas - an easement which Saguaro Ranch’s predecessors deeded in perpetuity to the public. The Defendants submitted a form of order asking the Court to dismiss the claims with prejudice.

The Oro Valley Prosecutor’s office took over the case after the Town of Marana declared it had a conflict due to the existence of the civil lawsuit regarding the public easement, in which Marana is a defendant. 

The Oro Valley Prosecutor’s office agreed with the Defendant’s position. 

The Court not only granted the order, but went one step further, handwriting onto the order that the dismissal was granted “Pursuant to Rule 16.6D as the interests of justice requires it because the charges were an improper use of criminal process”.    

For previous news coverage of this case, see Explorer Articles by, Al Petrillo: “Town Sued over abandonment of easement below Tortolitas“ & “Marana Trespass Case Transferred to Oro Valley Court“    

Court pleadings and ruling can be accessed at - Pleadings A copy of the complaint can be viewed at: Lawsuit 

-Tracy Chamberlain
520.906.5506

 

 

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