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A battle over public use of paths into a northern Utah mountain escalates

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A battle over public use of paths into a northern Utah mountain escalates


Clarkston • Curtis Godfrey has spent his entire 72 years in Clarkston, a small northern Utah farming town of about 750 people, tucked by the western slopes of Clarkston Mountain.

As a boy, Godfrey said he often roamed the mountain trails on horseback and hiked through Winter Canyon, a rugged landscape familiar to generations of families in his hometown.

Over the years, he returned with his children — and later with Boy Scout troops — clearing brush and helping maintain the narrow paths that wind up the mountain’s steep slopes.

“My first few times going up there were always on a horse. We’d have them shuttling the ponies and the first time I went up, I was like 10, 12 years old, and I was bareback on one of those,” Godfrey said, laughing at the memory. “It was just me, my brother, and some friends.”

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The mountains form the western edge of Cache Valley along the Utah–Idaho border, part of the Malad Range and crowned by the 8,200-foot Gunsight Peak. The ridge is a patchwork of U.S. Forest Service land and private parcels.

But access to those mountains has become the center of a legal battle after a private landowner started blocking off access to paths that lead into the foothills.

(Trent Nelson | The Salt Lake Tribune) “No trespassing” signs, a surveillance camera and a gate across the road in Winter Canyon near Clarkston on Friday, Feb. 6, 2026.

Scott Shriber, who owns an 800-acre ranch at the base of the ridge near Gunsight Peak, says the routes now in question are private trails crossing his land, not public county roads.

He put up “No trespassing” signs, cameras and fencing around his property — and the paths leading into the mountains.

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However, Godfrey and other residents say for decades, the paths have been used to access public lands on Clarkston Mountain — through Winter Canyon, Elbow Canyon, Green Canyon, Old Canyon and New Quigley Canyon.

(Christopher Cherrington | The Salt Lake Tribune)

Cache County Executive George Daines said the dispute reflects a broader tension playing out across Utah, where long-standing recreational use is increasingly colliding with changing land ownership and shifting interpretations of public access law.

How the case is resolved, he said, could influence how Cache County — and other communities across the state — handle similar conflicts in the future.

“It’s an ongoing problem all up and down the state,” Daines said. “Landowner buys land that’s on the foothills of the mountains and wants to restrain citizens from going through the foothills to the mountains that are public.”

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Tensions flare in Winter Canyon

The dispute has turned into dueling lawsuits in the Utah’s First District Court in Logan.

In 2024, Shriber and his company, Winter Canyon Ranch LLC, sued Cache County over the contested routes.

In response, a group of residents formed Clarkston Mountain Conservation, a nonprofit advocating for continued public access, and filed a separate suit against the landowner alongside BlueRibbon Coalition, an Idaho-based national nonprofit that pushes for recreational access to public lands.

The debate escalated in November, when a BlueRibbon Coalition member riding a dirt bike along the path leading into Winter Canyon was stopped by Shriber and three other men.

Shriber is seen in a video with a gun strapped to his chest as he spoke to the man. Both Shriber and the man called the Cache County Sheriff’s Office, according to a probable cause statement. Shriber was arrested on suspicion of unlawful detention, but no charges appear in court records.

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The man recorded the encounter and provided the video to the BlueRibbon Coalition, which provided it to The Salt Lake Tribune with the faces blurred.

In December, Cache County Sheriff Chad Jensen said in a statement that motorized vehicles are not permitted on the routes, and access is allowed only by walking, hiking, biking or horseback while litigation is ongoing.

“Please note that any movement off the designated roads may be considered trespassing,” Jensen said. “We do not want a violent incident due to a trespassing issue.”

Daines, the county executive, said the question of whether — and how — the routes are open to the public during the litigation has caused confusion on both sides, and the issue will likely head back to court for clarification.

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A dispute over access

If the routes are blocked off by the ranch, BlueRibbon Executive Director Ben Burr said, public access into the mountain would be cut off.

“If he succeeds at this, he will be land-locking the public almost entirely out of high-value recreation public land that’s otherwise owned by the Forest Service and should be there, available for all of us to go use and enjoy,” Burr said. “We won’t be able to because we can no longer use the long-standing county roads that have been getting us up there for forever.”

Since the 1860s, Burr said, settlers and residents have accessed the slopes through the contested routes for gathering wood, livestock grazing, hunting and travel. Over time, he said, the paths were also used for recreation, including dirt bikes and ATVs.

“Some of these roads were there before the private property deeds were even created,” Burr said. “The community there has been using those trails continuously since they’ve been settled.”

(Trent Nelson | The Salt Lake Tribune) “No trespassing” signs and fencing in New Quigley Canyon near Clarkston on Friday, Feb. 6, 2026.

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Until 2023, the private land on the mountain was held by families who had owned it for generations, some dating back before 1900, according to Winter Canyon Ranch’s complaint.

That year, the complaint says, Shriber purchased several adjacent parcels near Gunsight Peak, established Winter Canyon Ranch, and became the primary private landowner, holding seven parcels.

Shriber’s attorney, Bruce Baird, said the disputed routes were never legal public roads.

“There’s a state statute that says if the public has used a road for 10 continuous years, it’s dedicated as a highway,” Baird said. “There’s no evidence that the public has used these trails as a road, basically at all.”

Baird said that while residents may have used the routes for hiking, horseback riding and dirt biking, that kind of use doesn’t qualify the paths as public “highways” under Utah law.

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He said the statute applies to roads used for standard vehicle travel, not narrow trails used primarily for recreation.

Residents and advocacy groups counter that the routes have long been mapped and labeled by the county as public roads, which Burr said is reflected in the warranty deed noting the sale excluded county roads.

Decades of continuous use, he said, have created public rights-of-way under Utah law.

Ben Burt, who has lived in Clarkston for more than a decade, said he respects Shriber’s rights as a property owner but believes the trails should remain open to the public.

Burt said many live in rural areas “because we care about our property.”

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“We want to have a say about our property. So we understand that this guy wants to be able to develop on his property,” Burt said. “It’s not right for them to be able to cut off complete access to that federal land. That’s the difference.”

(Trent Nelson | The Salt Lake Tribune) Dueling lawsuits over trail access into Clarkston Mountain could influence similar disputes across the state, Cache County’s top executive says.

For many in Cache Valley, Burt said, access to trails in their own backyard is part of the lifestyle that draws them to the area.

Godfrey, the Clarkston resident who grew up with the trails, said protecting access isn’t just about recreation — it’s about preserving decades of family tradition. The trails carry memories of childhood horseback rides, hunting trips, scouting outings and long summer hikes — experiences he hopes to share with his grandchildren.

“I have a bunch of grandkids. They’re getting older, too, but I haven’t had them up there, but I want to; I want them to be able to go,” he said. “That’s one of my concerns, is the things that I’ve enjoyed growing up, and the scouting and taking my family up there, if he gets his way, we won’t be able to do that.”

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Voices: America at 250 could use a little more Utah

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Voices: America at 250 could use a little more Utah


Not only the Utah that we are today, but the Utah that we can choose to become.

(Rick Egan | The Salt Lake Tribune) Gabriel Meneses makes one of the limited edition flags for the United States 250th anniversary at Colonial Flag in Sandy on Monday, June 1, 2026.



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President Trump expected to reduce the size of Utah monuments

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President Trump expected to reduce the size of Utah monuments


  • President Donald Trump is expected to sign executive orders reducing the size of Utah’s Grand Staircase-Escalante and Bears Ears national monuments on Monday.
  • The monuments have shifted in size between administrations, with Trump reducing them in 2017 and President Joe Biden restoring their original boundaries in 2021.
  • Environmental groups and Utah officials are divided over the potential reduction, with critics threatening legal challenges and supporters seeking more local control.

President Donald Trump plans to sign an executive order on Monday afternoon shrinking the size of two national monuments in Utah, which currently cover a combined 5,094 square miles, the Deseret News confirmed on background with a Utah source.

The two national monuments — Grand Staircase-Escalante and Bears Ears — have oscillated in size through the previous several presidential administrations.

Grand Staircase-Escalante National Monument was created by President Bill Clinton in September 1996. Bears Ears National Monument was created by President Barack Obama in December 2016. Both designations received a mixed reception among Utahns.

In 2017, Trump reduced Bears Ears by about 85% and Grand Staircase by about 46%.

Then when former President Joe Biden took office in 2021, he restored them to their original sizes.

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Trump is expected to sign the executive orders in the Oval Office on Monday at 4:30 EST.

In a statement to the Deseret News on Friday, the White House said, “Any policy announcement will come directly from the President. This reporting about potential executive orders is pure speculation.”

National monument designations place restrictions on what recreational and economic activity residents and visitors can do on the land. The designation also prohibits anyone from pursuing new mining claims, oil and gas leasing, coal exploration or new commercial infrastructure projects.

Tourists look at the Grand Staircase-Escalante National Monument ion Friday, May 14, 2021. | Laura Seitz, Deseret News

However, the Bureau of Land Management previously found that Bears Ears and Grand Staircase have little to offer in terms of oil and gas potential, the Deseret News previously reported.

For nearly three decades since Clinton designated the first monument, Utah’s federal delegation has asked for reductions in land size for more local control, recreation and grazing.

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Recently, Utah Rep. Celeste Maloy challenged the monument’s resource management plan to return to a plan the first Trump administration outlined in 2020 with help from local Utahns.

However, her bill died after missing a key deadline to make it to the Senate for a vote.

People react to the potential land reduction

Butler Wash Ruins, a cliff dwelling that was built and occupied by the Ancestral Puebloans in about 1200 A.D., can be seen at Bears Ears National Monument on Wednesday, June 4, 2025. The cliff dwelling features multiple habitation, storage and ceremonial structures. | Tess Crowley, Deseret News

Based on an initial report by ABC4, environmental groups are already vocalizing their disapproval over a potential reduction of monument land.

Southern Utah Wilderness Alliance Executive Director Scott Braden described the potential executive order as “unlawful, unwise and unacceptable,” in a press release sent to the Deseret News.

“This action will only bring uncertainty and chaos to places that should instead be protected for their rich biodiversity, unique geology, and remarkable cultural values,” he wrote. Braden said SUWA was preparing to fight the executive order through lawsuits or by lobbying in Congress.

On X, former Utah state Sen. Nate Blouin referenced the land reduction in conjunction with the Babylon Fire, which as of Friday is 25% contained and has covered more than 100,000 acres in southeastern Utah.

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“As the largest wildfire in the U.S. burns pristine landscapes in southeastern Utah, Trump is threatening to shrink both Grand Staircase & Bears Ears National Monuments,” Blouin wrote. “This unprecedented move is happening without input from the region’s ancestral inhabitants.

Ricky Agnew, left, and wife Christy Agnew, right, look at petroglyphs on Newspaper Rock at Bears Ears National Monument on Monday, Dec. 1, 2025. The petroglyphs on Newspaper Rock date back to 1,500 years ago. The older art is attributed to the Basketmaker and Ancestral Puebloan people who inhabited this region from approximately 500 B.C. to 1350 A.D. The more recent petroglyphs are attributed to the Ute people who still live in the Four Corners area. | Tess Crowley, Deseret News



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Tyler Robinson preliminary hearing expected to wrap up Friday – KSLNewsRadio

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Tyler Robinson preliminary hearing expected to wrap up Friday – KSLNewsRadio


PROVO — The preliminary hearing for Tyler Robinson is expected to wrap up Friday morning in Provo. But it will still be several weeks before a decision is made on whether there is enough probable cause to bind him over for trial.

Robinson, 23, is charged with 10 crimes, the most serious being aggravated murder, in the death of conservative political activist Charlie Kirk, who was shot and killed on the campus of Utah Valley University on Sept. 10, 2025. A preliminary hearing is held to determine whether there is sufficient probable cause to go to trial on the charges levied against a defendant.

The Utah County Attorney’s Office finished calling their witnesses to testify on Thursday. Robinson’s defense team, who have already called two forensic experts from the FBI and ATF to testify, are expected to call one more on Friday before resting. Robinson has been attempting to cast doubt on the reliability of DNA testing, arguing that test results are subjective.

Prosecutors have objected several times to the line of questioning, arguing that it falls well outside the bounds of what is needed for a preliminary hearing. Even 4th District Judge Tony Graf warned defense attorney Michael Burt on Thursday during one line of questioning, “I feel we are exiting the orbit of probable cause.”

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At the end of a preliminary hearing, both sides typically give closing arguments, and the judge decides if there is enough evidence for a defendant to proceed to trial. On Thursday, Graf granted a defense motion for each side to first submit briefs summarizing their arguments. The state will submit its brief by July 28, followed by the defense’s reply on Aug. 11 and the state’s rebuttal on Aug. 18. After that, another hearing will be held on Sept. 1 for both sides to present their cases in court.

Also on Thursday, portions of the video interview of Robinson’s roommate and boyfriend at the time of Kirk’s death, Lance Twiggs, were shown to the courtroom after much debate.

In addition, screenshots of the text messages exchanged between Twiggs and Robinson, a note Robinson left for Twiggs and messages on Discord that Robinson allegedly sent to his friend group prior to turning himself in, were all displayed in court.

For each piece of evidence introduced during the week-long hearing, Graf has had to decide:

  1. Whether to admit that evidence into the record;
  2. Whether that evidence should be shown to everyone in the courtroom;
  3. Whether that evidence can be filmed by the livestream camera broadcasting the hearing.

Robinson’s defense team remains adamant that broadcasting evidence to people outside the courtroom will jeopardize their client’s right to a fair trial by prejudging a future jury pool. Prosecutors want the evidence shown to everyone for the sake of transparency. Graf has compromised on several pieces of evidence by allowing them to be displayed to people in the courtroom but not on the livestream feed.

The extended debates over what evidence can be shown to the public and what is only viewed by attorneys and the judge have prompted Jeff Neiman, the attorney for Erika Kirk and the Kirk family, to address the courtroom several times, both in person and in a briefing filed Wednesday night, calling on the court to make all evidence public.

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“For 10 months, the victim’s family has waited for this preliminary hearing. Erika Kirk, the widow of Charlie Kirk, and his grieving parents traveled to this courtroom for one reason: to be present at these proceedings and to bear witness to the evidence concerning the death of their husband and son. At certain points throughout the preliminary hearing, the Kirk family sat in the room while evidence was admitted but not presented for their viewing. They were present in body, yet denied the very thing their presence was meant to secure: their ability to meaningfully observe the preliminary hearing,” Neiman said. “The victim’s family’s position is simple. At a minimum, every exhibit entered into evidence during the preliminary hearing must be visible to every person lawfully present in the courtroom.”

Erika Kirk and Charlie Kirk’s parents have been in the courtroom all week for the preliminary hearing.

At Neiman’s request, Graf agreed that at the end of court on Friday, he will show to the courtroom only the enhanced UVU surveillance video allegedly showing Robinson’s movements across the roof of the Losee Center and when he drops off the roof and runs to a wooded area off Campus Drive. The video includes moments in which film editors zoom in on the alleged gunman and impose a red circle around him to make it easier to view. The video was originally submitted as evidence but was only shown to Graf and attorneys.

Friday’s hearing begins at 9 a.m. Watch it livestreamed here:

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