Why was Hibriten Mountain closed to the public?
May 17—CALDWELL COUNTY — Many hiking enthusiasts have noticed that the road to the top of Hibriten Mountain has been effectively closed to the public following an April 17 order by the Caldwell County Superior Court. The popularity of the passage among hikers, bikers and outdoors enthusiasts have spread word of the closure quickly, but many residents are still unsure as to why the road was shut down. Although the court case is still ongoing, there are some facts available to provide answers.
The court case, available to the public for review at the Caldwell County Courthouse, reveals that the land the road runs on was originally owned by the Lenoir family and has since passed through by inheritance into the hands of its current owners, the Hogans — through Hibriten Mountain LLC. For decades, the owners of Hibriten Mountain have leased the land to both public and private entities, including Blue Ridge Energy and The North Carolina Forest Service.
The North Carolina Forest Service signed a lease with the landowners, which allowed them to use the top of the mountain for a fire tower, with the provision that the Forest Service would maintain the private road to the mountaintop. To that end, the service built a gate in the early 1940s to prevent excess vehicle traffic along the road. This gate has been damaged, destroyed and vandalized multiple times throughout the years, and the Forest Service has had to move it multiple times and even hired master locksmith Shane Ellison to design a lock that could not be cut or broken off, with a key that could not be easily copied, according to court records.
At one point, the owners of the land transferred some of their property by deed which included a portion of road that connects the end of public state road 1714 (Hibriten Mountain Road) to the upper road up the mountain. Some of this land was purchased in the early 2020s by John and Elizabeth Diggs. Members of the public attempting to take the road up the mountain would inevitably trespass on the Diggs' property.
According to James Hogan, one of Hibriten Mountain LLC's owners, this has not caused problems for previous property owners, but the Diggs cite nuisances caused at all hours by the public according to the court filing, and according to Channel 9′s Dave Faherty at least one property owner in the area mentioned that visitors to the mountain occasionally leave cars in private driveways and trash on the ground outside.
To remedy the trespassing, the Diggs began to build a gate of their own with neighboring property owners' permission. The beginnings of the construction of this gate caught the attention of the NC Forest Service, which reached out to Hibriten Mountain LLC to avoid losing access to the road and communications equipment it maintains. This has resulted in the ongoing court battle that lead to April's order.
The court has thus far found that the road must remain open to Hibriten Mountain LLC, its tenants and its guests, and that the Diggs must demolish their unfinished gate. However, the court ruled that the Diggs currently retain the right to enforce their rights against trespassers by calling law enforcement. For the time being, visitors may only climb the mountain with Hibriten Mountain LLC's express permission.
Hogan revealed the case is still ongoing.
