Historic Easement - San Ramon Valley High School Mount Bike Club

Danville, CA – In a landmark decision for public access and bicycle safety, the Contra Costa County Superior Court has granted a tentative ruling on the preliminary injunction in David Hammond v. Bart Wooten, ordering the reopening of a historic public easement long used by the community to walk, hike, ride horses—and most notably—bike safely to Mount Diablo State Park.

The Court ruled that a metal fence erected in September 2023 unlawfully blocked the “Cut-Through”—a public right-of-way connecting Alameda Diablo to Mt. Diablo Scenic Boulevard that has been in continuous use since the 1970s. The injunction requires the fence to be partially removed within 30 days after the bond is posted.

The “Cut-Through” has served as a vital bicycle route to Mount Diablo, allowing cyclists of all ages to avoid narrow and dangerous roadways with fast-moving traffic. The Court found overwhelming evidence that the public has used this path for over 40 years, including thousands of cyclists, families, students, and mountain biking clubs.

"This decision protects not just history, but lives," said lead plaintiff David Hammond. "It restores a treasured and essential route to Mount Diablo—especially for cyclists who rely on it for safe passage. I'm proud of our community for standing up for the public’s right to access.”

Highlights from the Ruling:

• The Court ordered the removal of at least 2.4-foot section of the metal fence, reinstating access through the historic easement.
• Plaintiffs presented more than 60 declarations, including cyclists, local leaders, and residents who’ve used the trail for decades.
• The Court agreed that the 1979 recorded offer of public dedication was legally accepted through continuous public use—qualifying it as a valid public easement.
• Cyclists, hikers, and equestrians were all acknowledged as rightful users of the trail.
• The injunction is contingent on plaintiffs posting a $100,000 bond, allowing the order to take effect.

A Win for Community and Cycling Safety

The reopening of the easement provides a safe, legal, and direct route for bicyclists and other non-motorized users traveling to and from Mount Diablo State Park—helping prevent injuries and protecting youth who previously had no safe alternative.

The Court also recognized that denying access to the trail posed a significant safety risk to children and other users, who were forced to navigate traffic-heavy roads such as Mt. Diablo Scenic Boulevard and Diablo Road.

Gratitude and Community Impact

This victory would not have been possible without the leadership of David Hammond, whose research, perseverance, and commitment to public access led to this precedent-setting outcome.

"We thank David Hammond for his tireless efforts on behalf of every cyclist, every child, and every community member who values access to our public lands," said Alan Kalin. "This is a victory for safety, for the law, and for the people."

Alan Kalin, Danville Safety Advocates