STURGIS, S.D. – A fourth circuit judge has ruled he will not issue a temporary restraining order in a civil case involving Homer Smith Road.
At issue is whether or not the road, which is on private property, can be used by those living in the area to get to their homes. Property owners Ralph and Carleen Greslin argue they have tried for years to reach an agreement to allow others to use the road, but with no success, they set up a barricade to keep neighbors from using it.
Judge Kevin Krull says although the barricade placed on the road, which is situated between Tilford and Piedmont, is an inconvenience for neighbors, it does not constitute immediate and irreparable injury, loss or damage. Krull ruled he didn’t believe removing the barricade was an “emergency situation.”
More than a dozen of those who object to not being able to use the road were in court this week for the hearing, and were upset with the ruling.
The plaintiffs’ are also asking for a preliminary injunction regarding the barricade against the Greslins’, as well as another party, Paul and Kay Holst. The plaintiffs’ want the road open as the issue makes it way through the courts.
Judge Krull set a hearing for the preliminary injunction for December 15th at 2:00 p.m. at the Meade County Courthouse.
