Rivanna Trail Ruled OK to Run on Private Property

By: Elizabeth Donatelli
By: Elizabeth Donatelli

October 12, 2005

What land can the city use? That the answer is clear at least temporarily after Friday's trial regarding the Rivanna Trail.

A federal court judge dismissed a lawsuit against the city and the Rivanna Trails Foundation for building part of the trail on part of her property. Shirley Presley sued because she said she never gave permission to use her property.

"They did not use any legal process. They just took, couldn't get permission and therefore said, well, we're going to take it anyway. Didn't go to the court, just took it," said Shirley Presley's Attorney Deborah Wyatt.

The judge dismissed the suit in writing, which he submitted Friday, but Wyatt says she plans to file an appeal.

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