PROVO — Stay off our road. According to attorneys for truck drivers and business owners who want access to a road in Fairfield, that's the message the town is sending.

"They are purposely creating unsafe conditions," said Joseph Rust, attorney for Scott McLachlan and his company Hogs R Us, who want access to the road. "They're simply putting up a sign saying that anyone who isn't a card-carrying Fairfield citizen isn't allowed in our town."

The argument is over who can drive on 1600 North, a road in Fairfield that connects to state Road 73.

The city wants truck drivers to stay off, arguing their heavy rigs are damaging the already weakened road.

But the truck drivers and business owners claim their offers to fix the road have been ignored and that the road is becoming unsafe for anyone to use.

Heated words flew Friday afternoon in 4th District Court as attorneys for both sides argued about whether the town should be able to impose weight restrictions on the road.

"They're saying 'we don't want you folks. You are the scum of the earth,' is essentially what they're saying," Rust said about the town's refusal to fix the road or let someone else fix it. "(They're saying) 'We're not going to let you in the town, and we're doing it by not allowing you to pay for the repair of the road."'

Those "inflammatory" remarks, as they were labeled by Fairfield's attorney, Richard Allen, have no factual basis, he said. Allen also said the town plans to repair the road when enough money can be set aside to do a thorough job.

He also rejected Rust's idea that the town should be forced to make changes to its own road.

"I don't believe there's a single case where a court has ordered a city to do work to maintain its road or repair its road," Allen said. "That decision is to be made by the town council and not to be second-guessed by the court."

Fourth District Court Judge Anthony Schofield had previously ruled that the town must remove the weight-limit signs until the issue is decided through a trial in April.

However, Allen asked Schofield to make a "summary judgment" ruling about the weight-limit signs now.

Schofield said he would issue a written ruling by the end of next week.

Allen told the judge that city officials were justified in keeping the signs because an engineering report provided by Earthtec Testing and Engineering supports state code that allows a town to set weight limits on roads if they've been damaged by climate.

"What the statute requires is this conclusion of the engineer — that due to deterioration caused by weather, the road will be adversely impacted if weight limitations are not put in place," Allen said.

Attorney Mark Richards for Utah Valley Turn Farms L.C. and their owners argued that the report states the possibility of damage due to weather but fails to provide a specific link to the Fairfield road.

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