Background

The Reliez Valley neighborhood has had access up the EBMUD road from Echo Springs Road to Briones since construction of the Echo Springs Reservoir in the late 1950s. The consistent use of the road without the landowner's permission has created the legal right of a general easement. For over 60 years hikers, bikers and equestrians have entered Briones up this road built and maintained by EBMUD. As evidenced by EBMUD in a legal Declaration and by oral testimony, EBMUD has been fully aware of use of the access road by the public since its construction, has NEVER had a problem with neighborhood use and EBMUD had no objection if an injunction was to be granted for continued access.

New owner, Ron Knarr, purchased the approximately lO acres adjacent to the Echo Springs Reservoir and the entrance to Briones Regional Park (Briones Trail Marker #54.) He owns the land the access road occupies, but EBMUD has a perpetual easement that has also been used by the public for over 60 years.

Access concern surfaced when Knarr installed fencing along Echo Springs Road and purchased large quantities of additional fencing material. Neighbors attempted to discuss Knarr's concerns while confirming our right of access with two letters in August sent from our attorney, Drew Bassak, a neighbor living on Echo Springs. He is a real estate attorney with Hanson Bridgett. Our attempts were met by Knarr with barb wire, no trespassing signs and a padlock illegally placed on the rancher's pedestrian gate at the entrance to Briones.

Unfortunately, our only choice to preserve our legal access was litigation, which no one wanted. We filed our initial Complaint the first of October. We requested and received a Temporary Restraining Order October 16, followed by a Preliminary Injunction in December that KEEPS THE ACCESS ROAD OPEN AND UNOBSTRUCTED TO ALL HIKERS, BIKERS, AND EQUESTRIANS until the case is adjudicated or settled. Litigation documents are available under the Litigation Section of this BAPA website.

Restraining Orders and Preliminary Injunctions are rarely awarded, and only when the case has a high probability of success.