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Horace traffic gate declared illegal after WDAY investigation – InForum

HORACE, ND – A WDAY News investigation has brought about an immediate change in Horace.

That investigation found that the city violated the law with a gate it installed to keep traffic from a growing neighborhood in West Fargo away from a smaller, more established community in Horace.

After being separated from the Greyhawk neighborhood in Horace for most of the past three years, The Wilds settlement in West Fargo opened the gate on Tuesday afternoon, July 2.

The new fire chief first expressed concerns in February after the delivery of an ambulance to an emergency call was delayed on Christmas Day.

The gate, locked with a bolt, was covered in ice.

“A large number of vehicles travel through this area at high speeds, children wait on the side of the road for the school bus, there are no sidewalks and residents are concerned that someone might get hit at some point,” said new mayor Jeff Trudeau about the reasons for installing the gate.

The gate was in the spotlight again this week, with residents of The Wilds expressing frustration over the lengthy detours caused by the 52nd Avenue roundabout project.

“The gate should go both ways, but that doesn’t seem to be the case,” said Tyler Liebl, who lives in The Wilds.

After being sworn in as mayor during Monday night’s city council meeting, Trudeau said he would direct the Cass County Sheriff’s Department, which polices the city, to fine motorists who drive around the gate or open the latch.

In an interview before the decision to open the gate, Trudeau stuck to his statement.

“Under the North Dakota Century Code, ‘no person shall obstruct a public road in any manner so as to prevent the free use of the public,'” said Matt Henson as he read the specific North Dakota Century Code to the mayor.

“This is not a highway,” he replied.

“But it’s a public road, isn’t it?” asked Henson.

“It’s a public road. It’s where two cities meet, but it’s not a highway,” Trudeau replied.

The Cass County Sheriff’s Office immediately began discussions with prosecutors about the legality of the gate after WDAY brought the matter to their attention.

The sheriff didn’t think it was legal.

“But he says he can’t enforce something that is illegal, and that is the gate itself,” Henson asked.

“K,” Trudeau replied. “As I said, our lawyer is looking into whether this is legal or not. The gate is on our side of the community, not the West Fargo side of the property line.”

Shortly before 5 p.m. on Tuesday, the sheriff’s office notified the city that the gate needed to be opened.

“The Century Code says you can’t do that. You can’t prevent anyone from entering or leaving that area,” said Captain Tim Briggeman.

The sheriff’s office said they understand this will cause a dramatic increase in traffic in the neighborhood and will take immediate action to ensure the safety of residents.

“I definitely know we’ll be in the area and surrounding areas over the next few days just to make sure people have some peace of mind while things wind down,” Briggeman said.

A city spokesman said city leaders would meet on Wednesday to discuss whether to appeal the ruling.

The status of a second gate in the Maple Lakes area is also being discussed.

Matt Henson

Matt Henson is an Emmy Award-winning reporter/photographer/editor for WDAY. Before joining WDAY in 2019, Matt was the lead anchor at WDAZ in Grand Forks for four years.