A Skyline Forest-area homeowners association will try to get a judge to halt a hike organized for Mother's Day through a greenbelt it owns.

Charles Swanston, attorney for the Huckleberry Hill Homeowners Association, said he is preparing a petition to the court to close down a nine-acre lot known as Parcel B that has become a bone of contention between the city of Monterey and the association about the public's right to hike through it.

A trail linking the city's Quarry Park and Veterans Memorial Park runs through Parcel B, and association members are split over whether to deed the land to the city so it can maintain it.

The neighborhood squabble has become an emotional issue, with each side accusing the other of vandalizing signs, cutting trees without permits and physically confronting one another. With that in mind, Swanston said, an announced "community hike" on Sunday organized by neighbors around Huckleberry Ridge would be "pouring gasoline on the fire. The property owners want to enjoy their Mother's Day, too."

He said he will ask Judge Kay Kingsley on Thursday to order the property closed to the public for the coming weekend only to forestall confrontations.

Homeowners Anthony Vincent Giammanco Jr. and Cathy G. Giammanco have filed suit against their own homeowners association to keep the public from using foot trails through the property, and against the city of Monterey to make it pay to maintain it as open space.

The matter was referred to retired

state Appellate Court Justice Nat Agliano in December. Agliano issued a decision in March in which he found that the property deed shows no public right-of-trail or recreational access exists.

Agliano has allowed the trail use to continue until the issue is finally adjudicated.

The city has taken the position that, because the path has been used by the public over the years, an implied dedication for public use of the property exists, he said, "but we think that is incorrect."

Assistant City Attorney Christine Davi filed the city's brief Monday asserting the public right-of-way dedication, and the City Council discussed the issue in closed session Tuesday.

A law-and-motion hearing on the case is scheduled before Agliano on May 20 to determine whether a trial will be necessary.

Davi noted that Agliano found in favor of the city on the maintenance issue, determining that the homeowners' association is required to maintain the greenbelt.

Kevin Howe can be reached at 646-4416 or khowe@montereyherald.com.