Part of East Fork Road in Overton County can continue to be blocked from public access.
Chancellor Ronald Thurman on Thursday denied Overton County’s request for a restraining order to keep two residents from using a gate to block the road, which leads to a popular swimming area known as the blue hole.
Thurman said the county did not follow rules for subsequent procedure when filing the restraining order.
Thurman took no action on declaring the road private or public, saying he could not make that ruling until the county joined affected property owners to the lawsuit.
The county will have 10 days to add those property owners to it’s petition.
Residents Charlie Gaut and John Horst began blocking public access to the road because of traffic from people who apparently litter the roadway and destroy property.
Overton County officials argue that the public has used the roadway for more than 20-years, giving Gaut and Horst no right to block public access.
Overton County Commissioners voted earlier this year to have chancery court decide if East Fork Road is a public or private roadway.
A new hearing date for the case will be determined once and if the county files a new petition.