A southeast Bend homeowners association is suing land developer J.L. Ward Co. to prevent its use of a gated road.

Mountain High Homeowners Association sought a judgment earlier this month in Deschutes County Circuit Court saying the HOA is the exclusive owner of neighborhood roads and prohibiting J.L. Ward from using those roads, including Mountain High Drive.

Mountain High Drive is gated at China Hat Road, Knott Road and Country Club Road.

It serves a large swath of undeveloped golf course land, plus a 17-lot neighborhood platted in 1984 but never built.

“We’re very surprised at the action they’ve taken,” said Dean Wise, project manager at J.L. Ward, a major landowner in southeast Bend that in the 1980s developed the Mountain High neighborhood, which includes Alpine Village I, Alpine Village II, Aspen Village and Willow Creek Village.

Wise said it would be premature to discuss the company’s plans for the Old Back Nine Golf Course, which is 70 acres with frontage on China Hat Road as well as Mountain High. The 17-lot neighborhood has one street, St. Andrews Loop, which is accessed off Mountain High Drive.

J.L. Ward’s neighboring developments would more than double the amount of use over the roads owned and maintained by the Mountain High HOA, according to the complaint.

The HOA’s attorney, Martin Hansen of Francis, Hansen & Martin LLP, couldn’t be reached for comment Monday.

In discussing plans to begin developing a new subdivision, J.L. Ward notified the HOA of its intent to access property via roads that are “exclusively owned and maintained” by the HOA, the complaint states. J.L. Ward and another defendant, St. Andrews Homeowners Association “have ample access off China Hat Road to create their own road system for their new development.”

Bend City Engineer Ryan Oster wouldn’t speculate on the potential for new subdivision roads off China Hat. “Until we have an actual application that shows the proposed impacts, we can’t really comment,” he said in an email.

J.L. Ward is working on another development southeast of Murphy Road and Country Club Drive. Wise said he expects to complete a land swap with Bend-La Pine Schools in September for 50 acres that are adjacent to other parcels that the company owns along Murphy Road. Although the city of Bend has already approved the Shilo Master Plan for an adjoining 48-acre tract, Wise said the area closer to Murphy would be the first priority.

— Reporter: 541-617-7860, kmclaughlin@bendbulletin.com