Cybulski Rules On Culbertson’s Legion Park

Knudsens Ordered To Open Up Access

In an apparent resolution to an ongoing dispute, District Court Judge David Cybulski ruled on cross motions for summary judgment Feb. 18 that the Town of Culbertson and Thomas Mann Post 81 of the American Legion may now resume administering easement-based access to the 40-acre Legion Park near the Missouri River. The town and legion filed the lawsuit in 2016.

Access to the park has been blocked by Knudsen Family Limited Partnership, preventing use by scouting groups and the public. Culbertson’s Austin Knudsen, recently elected state attorney general, told media he is not party to the lawsuit and is not a member of the partnership. Republican state representative Rhonda Knudsen out of Culbertson could not be reached for comment. Miles and Rhonda Knudsen are listed as registered agents for the partnership.

“The 70 years of use of the access route confirms the easement by necessity, implication and prescription,” wrote Cybulski in his ruling. “Although park use levels have fluctuated,” he wrote, “they have never ceased.”

Local land surveyor Peter A. Olson told the Community News that portions of the pro-access presentation for the judge were pulled from the archives of the Searchlight newspaper. According to Olson, who is on the Legion Park planning committee, a clean-up day will be planned after a 30-day waiting period expires. “We’re waiting to see what the Knudsen’s do,” said Olson. He said the family partnership has until March 20 to file an appeal on the ruling. A lawyer for the Knudsens has released a statement saying that they are considering their options.

“If they appeal,” said Olson, “the case will go before the State Supreme Court.” If Cybulski’s ruling holds, pro-access organizers will be facing a clean-up effort, stemming from years of stymied access to the site. Olson said downed trees and other debris need to be removed. Olson said the last time legion members used the site for public use was a picnic in 1996. Use of the site dates the to 1950s.

Once the case clears the waiting period and/or further court challenges, members of the public, scouting groups, legion members, etc., will be able to access the park via a Legion/Town administered easement. Olson said the park will be open to everyone. The site is accessed via Road 1020 at mile maker 2 on the south side of Culbertson on Highway 16. A gate continued to block access at press time.