A local group is suing to reopen a road south of Fruitvale that has been closed to the public since 2018.
Lindsay Kenny of the non-profit Public Access Protection Society says Nine Mile Road is impassable to residents and emergency services since it was blocked by a landowner.
She says it appears on government records including maps and financial expenditures as Nine Mile Creek Trail dating back to the early 1900s and was proposed as a route for construction of the Seven Mile Dam in the 1970s. Telus and Fortis rights-of-way also run alongside it.
Following its closure, her group started a petition to have it reopened, but “the response was take the issue to court.”
As a result, the society started a lawsuit in 2021, naming both the provincial government and the landowner, seeking a judicial review of the decision to decommission the road. They have been fundraising for the case ever since.
Kenny said they have to demonstrate they can pay the landowner’s legal costs if they lose, otherwise they may not have the opportunity to be heard. The society does not have assets to use as collateral.
The Ministry of Transportation declined comment.
Kenny said her group feels there are “significant public safety concerns” due to the road’s closure, which have been highlighted by wildfires.
“It puts everyone at risk,” she said. “Residents and emergency vehicles cannot get through. If we have a fire in this area, it could be quite dangerous not only for the residents but the entire community.”
Kenny said according to the Transportation Act, a road is public if there is significant public expenditure on it.
“The record shows significant public expenditure on Nine Mile Road, so the road should be confirmed public,” she said. “We need the courts to do that so the public knows its access rights.”
Kenny said about a quarter of a mile of the road has been deactivated and would require significant work to reopen, but this case is only about declaring it public. If they are successful, the ministry would be responsible for repairing it.
Kenny’s group also runs a Facebook page called West Kootenay/Boundary highway safety. They are advocating for access to and maintenance of all public roads and trails in BC and believe the outcome of their suit could set a precedent.
They are also calling for the restoration of highway maintenance as a service provided by government. It was privatized in the 1980s.
(CORRECTION: An earlier version of this story stated the society is raising funds to pay the government’s legal costs in case it loses. In fact, the government is not seeking costs.)
