A community hike on a trail through private land in Monterey can go ahead Sunday, but the hikers better behave.

That was the decision of Superior Court Judge Kay Kingsley on Thursday as she declined to issue a restraining order against the announced hike or an order to the city of Monterey requiring it to enforce closure of the trail.

The disputed trail connects Quarry Park and Veterans Memorial Park through a 9-acre parcel owned by the Huckleberry Ridge Homeowners Association.

Use of the trail has been tacitly allowed pending settlement of lawsuits over the status of the land.

Kingsley said that, barring evidence that any harm has been done or was intended by hikers, she would not prevent them from peaceably assembling and walking through the park.

She added that any misbehavior or deviation from the trail by hikers could be presented as evidence for closure of the path in the future.

Charles Swanston, attorney for the Huckleberry Hill Homeowners Association, asked the court to close the property — known as Parcel B — to the public for the Mother's Day weekend.

He and attorney Gary Gray, representing property owners Vincent and Cathy Giammanco, said the planned march could lead to confrontations or vandalism, and subject their clients to emotional distress and possible physical danger.

They said a petition with 147 signatures in support of an open trail has been presented to the city. They argued that a similar number of hikers could

show up Sunday.

They questioned apparent advocacy by the city of Monterey for opening the trail and encouraging public use of the property.

Parcel B was land designated as open space as part of a condition set by the city for allowing the development of Huckleberry Ridge. It was listed in 1982 as owned by the homeowners association.

The association was formed by the developer and incorporated in 1983 but was suspended by the California secretary of state in 1986. In an effort to acquire the parcel, the city researched the membership of the association. The city identified 16 homeowners, and in early 2002 asked them to form an association and then deed the land to the city, so the city could take care of it and maintain it as open space, said City Attorney Deborah Mall.

The homeowners formed their association that year and a majority of members voted to deed over the property, but the Giammancos and neighbors Alan and Anna Rosenthal disagreed.

During a court recess Thursday, Cathy Giammanco said the city sent letters to her home and others that year stating that they were required to clean up the property or deed it to the city, and if they didn't the city would bill them for it. Subsequently, she said, she and others received bills of $18,000 each from the city. They have had to pay that and $3,000 annually in liability insurance since, she said.

Giammanco termed the move "extortion" and described her and her husband's efforts as a fight to assert their property rights against seizure by the city.

"They want to make a public park on private property. The only right they have is that we can't build on it," she said.

A lawsuit about public access, maintenance and ownership was filed and 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. He said the city should not prohibit use of the trail nor should it publicly advocate public use until the matter is finally adjudicated.

A hearing is scheduled May 20 to determine if a trial will be necessary.

The city's position is that because the path has been used by the public for years, an implied dedication of the property for public use exists.

Gray and Swanston presented fliers in court that have been circulated in the neighborhood and read "Save your right to hike." The fliers list a Web site and the city attorney's telephone number.

Assistant City Attorney Christine Davi said the city has no control over what anyone puts on a Web site. She said the City Council firmly supports keeping the trail open.

Monterey has maintained and improved trails on the property for more than five years, Davi said, which the city feels establishes the right of the public to use them.

Parcel B is posted with private property signs and signs telling hikers to stay on the trails.

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