In a notable development in the ongoing road access dispute in Presidio County, Texas, property owners Maria del Pilar Maurial and John Fort IV have experienced a legal victory following a recent court decision. This ruling, favoring the long-standing assertion by Maurial and Fort, confirms the disputed road’s status as a public county road.
The case, Cause No. 8199 in the 394th Judicial District, has been closely watched due to its implications on property rights and public access. The dispute began when Maurial, the owner of Pinto Canyon Ranch, LLC, and Fort, of Fort Ranches LP, were denied access to their properties via a road running through their neighbors Mary Baxter and Neil Chavigny’s land. The plaintiffs filed for a declaratory judgment and injunction against Baxter and Chavigny, challenging the obstruction caused by a locked gate on the defendants’ property.
Presidio County, roped in as a third-party defendant, has now emerged victorious in a motion for summary judgment. This outcome aligns with the interests of Maurial and Fort, substantiating their claim that the road has been a public county road since the 1920s. Historical records presented by the county from commissioners court meetings dating back to the 1970s played a crucial role in this decision. According to Texas law, once a road is officially designated as a county road, this status is permanent unless officially revoked.
This decision represents a significant relief for Maurial and Fort, who have long argued for their right to use the road for accessing their properties. With the road’s status as a public county road now judicially recognized, the gate installed by Baxter and Chavigny may no longer impede their access.
However, this ruling may not align with the interests of Baxter and Chavigny, who have previously expressed concerns about privacy and property rights. The decision raises questions about the balance between private land ownership and public access, especially in rural areas where such disputes can deeply impact community relations.
As the situation evolves, the focus now shifts to whether Baxter and Chavigny will accept this decision or pursue further legal action. This case has become a touchstone in the region, highlighting the complexities of navigating property rights, historical road usage, and community dynamics in rural Texas.
Sadly this is the complete opposite of “love thy neighbor”. This is not uncommon as city folks move to the country and bring their stuff. Oh well. “What goes around comes around” has been a longtime well used West Texas phrase.