Two of Three Hurdles Cleared on the Holy Path
Together with neighbors of Holy Cross Church, we have engaged a lawyer to sue the absentee landlord who is trying to close their neighborhood pathway. The landlord has tried several times to install a fence across the pathway, blocking public access. We have won both a preliminary restraining order and a preliminary injunction. (Such a ruling is typically granted when the requesting party is highly likely to have the case ruled in their favor.)
Although the path is small, the precedent is huge, as our case is based on prescriptive access, which is the principle that if a right of way is used openly and continuously for a specified period of time, it may not be closed off.
We head to trial next October. It seems that the landlord's only hope is that we run out of money. If you'd like to help with this important effort, please send a donation to 703 Pacific Avenue. Your donation will be matched by our attorney, Gary Redenbacher.