Developer's suit over Foothills roadway dismissed

After eight months in the legal system, a Foothills developer's lawsuit over the rights to a roadway was dismissed this week, according to the Yuma County Attorney's Office.

Ross Wait's suit, filed in April against Yuma County Engineer Robert Patterson and former Yuma County Administrator David Garcia, alleged that the county was trespassing on his property by using 40th Street west of Fortuna Road as a public roadway.

The suit also asked the county to pay Wait's limited liability corporation, Wild Vulture Vortex, $200 a day in rent for every day since Sept. 1, 2003 - which would total more than $264,000.

The county filed a motion to dismiss the suit in April on the basis that Wait's complaint was not filed in a timely manner. But it was not until this Monday that the case went before Yuma Superior Court Judge Richard Donato for final consideration.

Donato dismissed the matter Monday.

State law requires any action against public entity or public employee be filed within one year after the cause of action begins. Yuma County accepted the roadway into its maintenance system on March 9, 2006. Deputy County Attorney Robert Pickels stated in past reports that Wait had knowledge of the county's possession on July 9, 2003.

"We're satisfied," Pickels told The Sun Friday, as to the ruling. "All along, the county's position has been that this roadway was properly dedicated to the county. It was somewhat frustrating that we had to go through the process to show that it was properly dedicated."

Wait says he has the deed to the land and a title report shows that he owns it, but the county disagrees, stating that it is a public right of way. Regardless of ownership, the dismissal only addresses the fact that Wait took too long to bring the lawsuit.

This may not be the end of the case. Wait can still move forward with further litigation, though Pickels said they have not received any notice that he is doing so yet.

"We can never anticipate what the actions might be from the plaintiff," Pickels said.

Wait said he could not comment on what his next step was because he had not had time to think that through. But he said the matter would not end here.

"This is far from over," Wait said.

He said the decision did not change the basic issue of the case, which was the county's use of his property. He added that if there was an accident on that road, he could liable in any litigation because he was listed as the owner.

"If there was an accident there and someone was injured ... not only are they going to sue the county, they're going to sue whoever owns the land," Wait said.

This decision is just another step in the continuing legal fight over the use of the road.

"It's been a long, ongoing battle and it's the strangest fight I've ever been in," Wait said. "It used to be three or four months between swings, now it's six or eight."

Sarah Reynolds can be reached at

sreynolds@yumasun.com or 539-6847.