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A fence in a small East Bay community is dividing neighbors
In the small Contra Costa County community of Diablo, neighbors say a fence is keeping them out of what should be public access.
DIABLO, Calif. - A fence in the small community of Diablo in Contra Costa County is pitting neighbors against neighbors.
Hal Seibert, a homeowner in the area, says the fence went up a year ago, blocking the pathway he and others have used for years. It's a path that leads to Mt. Diablo State Park.
"We used to just walk down to the post office," he said. "We walk down here for exercise. We walk our dogs."
Siebert and others say the fence is forcing people to walk and bike on Mt Diablo Scenic, the road on the other side of the fence.
Jenny Lee, who opposes the fence, said that the road is dangerous and noted it's a private road.
Siebert and another homeowner filed a lawsuit to regain public access, which was first reported by the East Bay Times.
Last month, a Superior Court judge ordered the property owner to remove at least a 2-and-a-half-feet section of the fence to restore public access so bicyclists, hikers and dog walkers can once against use this path.
KTVU tried to contact the property owner and her attorney, but neither responded.
Juianna Joseph, a neighbor, said she sees the property owner's point of view.
"If it was my property, I wouldn't want people walking their dogs. We get a lot of bikers. We get a lot of people who are not in our neighborhood who come through here that does turn it into a thoroughfare that I would not love if I lived on that property."
Adam Leftik, a neighbor, called the fence battle "unfortunate."
"It's created a little bit of tension that didn't exist before," he said.
For now, there is a preliminary injuction, but a judge will hold a court hearing in September to set a trial date.