HORSEBACK RIDERS WANT COUNTY ROAD 507 REOPENED

JACKSON -- A Perry County judge dismissed Richard Schmidt's case against Cape Girardeau County last month, but the horse enthusiast is bucking Judge Michael Bullerdeick's decision.

Schmidt and seven others from rural Cape Girardeau County appeared before the county commission Thursday to once again ask for County Road 507 to be reopened.

The dispute began last summer when the last commission, headed by Gene Huckstep, declared the road abandoned and decided to deed the land to nearby property owner Nelson Thompson. Thompson promptly erected a gate across the road at his property line.

Schmidt and some fellow riders opened the gate and were arrested on trespassing charges the prosecuting attorney later dismissed.

On Nov. 10, the commission conducted a public hearing on County Road 507, but still decided to keep the road's abandoned designation. Huckstep estimated it would cost at least $100,000 to open it, too much money for a "horse trail."

In addition, he said, teen-agers allegedly used the road to park and drink alcohol, because it runs along a secluded creek bed.

Schmidt said the issue wasn't where he could take his horses. He believed the county didn't follow proper procedure in closing the road and took the matter to court.

Bullerdeick dismissed the matter July 18, ordering Schmidt to pay all court costs for the lawsuit.

Cape Girardeau County Assistant Prosecutor Kevin Zoellner said he thought the matter was finally solved, but Thursday's appearance showed it wasn't.

"The ruling just said I couldn't use administrative review to force you into court," Schmidt told Presiding Commissioner Gerald Jones. "I don't want to keep on fighting, but until this is resolved, I'll keep on swinging."

Wilma Whitledge, one of Schmidt's supporters, said County Road 507 was a good way to get from Highway 61 to New Wells and would provide convenient passage for school buses and mail carriers.

She also questioned why the county maintained the parts of County roads 507 and 514 leading to Thompson's fences, and Jones said he would look into that.

Following the meeting with commissioners, Schmidt said he would go back to court if necessary to get the road reopened.

Whitledge indicated she might participate, too.

"You have to stand up for your rights, don't you?" she said.

Jones said he would have to consult with Zoellner to see if the land actually was deeded to Thompson.

Zoellner was in court Thursday and unavailable for comment.