A couple claim Kirklees Council has spent £14,000 in legal fees in a stalemate battle over a disputed ‘right of way’ across their land.
Edward and Angela Bradley, of Nether Moor Farm, South Crosland, blocked a track through their farm which the council insists is a public right of way.
Horse riders from the Kirklees Bridleways Group took the council to court in bid to force them to take action.
But after a district judge heard all sides of the argument he challenged the council to “re-consider their position” and the application was later withdrawn.
The council says the track, which goes through the centre of the farmyard, is classed as a “byway open to all traffic” and is listed as such as the Definitive Map.
But the Bradley family, who have farmed the land for four generations, say that was never the case and the listing was made in error by a council officer in the 1990s.
The Bradleys have been battling the council for eight years and in November 2014 the dispute came to a head when the couple’s rights of way advisor Andy Dunlop was arrested for wilful obstruction when he refused to move his car.
The Examiner reported in January how the bridleway group, the council – represented by a barrister – and the Bradleys all appeared before Kirklees Magistrates’ Court.
The hearing was adjourned after the judge asked for a re-think. The group’s application was withdrawn and the case never returned to court.
Now the dispute is back to square one and the Bradleys are urging council bosses to see sense.
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Mr Andy Dunlop, speaking on behalf of the family, said he had been told by a source that the council had spent £14,000 on legal fees alone over the dispute.
He said the Bradleys wanted their day in court and challenged the council to prosecute them for blocking the highway.
“The council simply won’t do it because they don’t have the evidence to back up what they are saying,” said Mr Dunlop.
“We are told they have spent £14,000 on legal fees, not including officer time, and for what? The council is desperately trying to avoid going to court.
“If this is a highway and it is blocked they have a legal duty to act. So what they should do is send the Bradleys a summons and take them to court.
“There is an easy way out for the council. All they have to do is accept that a mistake was made and correct the Definitive Map.”
The track had been blocked with a caravan, boulders, fencing and 30 tons of manure to protect the farm and cattle.
The Bradleys had allowed horse riders access through their land until the dispute blew up and they withdrew permission.
In another twist, it can be revealed that Mr Dunlop threatened to sue West Yorkshire Police for costs he incurred after his arrest.
Mr Dunlop, held in a cell for four hours, was never charged as police deemed the action “not in the public interest.”
But his car was seized and it cost him £150 to reclaim it along with a £15 taxi ride to get there.
Mr Dunlop threatened to take police to the small claims court and they paid him £165 with no admission of liability.
Mr Dunlop donated the money to Care of Police Survivors, a charity which supports the families of police officers killed in the line of duty. With Gift Aid the donation was worth £206.25 to the charity.
Mr Dunlop added: “The council are trying to defend the indefensible and common sense needs to prevail.”
The council was asked about the costs but did not respond.
In a statement a spokesman said: “We can confirm there has been no known change in position from any party but we have always remained open to sensible discussions to bring this issue to an end and return the byway to public use.”
