OFFICIAL STATEMENT OF THE TIERRA DEL SOL 4X4 CLUB REGARDING OCOTILLO WELLS SVRA STATE PARKS LAWSUIT
From: Joseph Smith
Sent: Tuesday, August 06, 2013 8:15 PM
Subject: TDS Statement and PDF of State Parks Demurrer
California State Parks has filed a response to the
lawsuit that wants to limit open riding in the Ocotillo Wells SVRA (OWSVRA).
The State has a filed what is called a demurrer. The basic thrust of the
demurrer is that Public Employees for Environmental Responsibility (PEER) and
The Desert Protective Council (DPC) have improperly invited the court to
intervene and tell State Parks how to run the OWSVRA, something the law does
not allow. In order to pursue this
lawsuit, PEER/DPC must identify a particular ministerial (non-discretionary)
task, required by law, that State Parks has failed to perform; and PEER/DPC has
not done so.
The hearing regarding the demurrer is scheduled for
December 13, 2013. If the demurrer is
granted, the entire case would be dismissed. Tierra Del Sol's attorney has
decided to wait until the results of the hearing are known before moving
forward. Keep in mind that we lose nothing by waiting. If the court denies the
demurrer and allows the case to move forward we are still able to intervene.
This is simply a matter of a couple anti-public access groups wanting to tell
State Parks how to do its job. No need to muddy the waters further. Thank you
for your continued support and interest! Stay tuned to the TDS website and
Facebook page for updates.
No comments:
Post a Comment