A boat launch at the center of a lawsuit between a Crane Hill marina and the Cullman County Commission is seen here in this April 29, 2015 photo. At issue is who has exclusive rights to the Smith Lake boat launch.

The Cullman County Commission‘s protracted land line dispute with a Crane Hill marina is likely headed to trial after the county rejected a settlement offer again.

The case is set for trial November 2 with Cullman County Circuit Judge Martha Williams presiding. Ryan Creek Acquisition, Inc. filed a lawsuit against the county and former commissioner Stanley Yarbrough in February 2014 over the boat launch beside “Big Bridge” on County Road 222 in Crane Hill.

At issue is who has exclusive rights to a Smith Lake boat launch. Commission Chairman Kenneth Walker deferred questions about the proposed settlement to County Engineer John Lang who could not be reached for comment Thursday.

The county rejected a proposed settlement from Ryan Creek Acquisitions in March, which would have allowed the marina to keep the boat ramp and property where an adjacent fuel tank sits. Ryan Creek would terminate its license agreement with the county for the land where the fuel tank sits, and the county would get the road that leads up to the boat launch.

Shortly thereafter, the two parties went to court, and Williams denied summary judgment both and ordered them to mediation.

The county contends the ramp had been open to the public for decades until the summer of 2012 when Ryan Creek Acquisitions put up a locked gate. Former County Attorney Heath Meherg said Ryan Creek, by law, must keep the boat launch open due to a portion of it falling in to the public right of way.

Ryan Creek argues the boat launch has never been open to the public, but rather operated as the marina’s private launch requiring payment by the marina’s customers. Ryan Creek says it and prior owners have allowed Cullman County personnel to use the boat launch as an access point to the Big Bridge and Smith Lake.

Both parties agree the boat launch partially falls within the county right of way. However, the entire boat launch and surrounding property, including the marina parking lot, “has always been under the exclusive control and operation” of the property owners “going back at least 30 years,” according to Ryan Creek’s complaint.

Ryan Creek contests the property’s deed which shows that in 1960, the administrator of the estate, M.L. Phillips, conveyed a 150-foot right of way to the state for construction or improvement of the road. However, the company argues no estate was ever opened where “M.L. Phillips” served as an administrator to convey the right of way, making it invalid.

The state turned over the disputed right of way to the county in the ‘70s. Both sides agree that in 2007, the county provided a license to previous owners Ryan Creek Properties to maintain its fuel tank within the now-disputed right of way.

Ryan Creek argued that since it installed the gate in 2012, parking congestion and safety hazards at the boat launch have been resolved. The marina said multiple people would try to launch their boats in the crowded parking lot and boat owners were taking up multiple parking spots with their trailers and parking along CR-813.

Ryan Creek alleges Yarbrough, as county commissioner, had the gate’s lock cut and a steel sign placed in the ground to prevent it from being closed. The county disputes that claim.

In preparation for boating season, Ryan Creek removed the pole blocking the gate and re-locked the boat launch. The launch will remain locked until the case can be resolved.

Williams ordered Ryan Creek in March 2014 to allow the county “reasonable and necessary access” to the disputed property for inspection, maintenance and repair of any public rights of way, including bridge inspection, road or other easement maintenance, or other activity for which Ryan Creek has responsibility.