Post by pistonschick on Jan 9, 2012 23:42:24 GMT -8
I love to read stories like these - shows that the tides are slowly but surely starting to turn in favor of the OHV community...
Everyone please keep fighting the good fight!
Crystal
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Sierra Club loses its battle against State Parks over Oceano Dunes
A California Supreme Court judge threw out a lawsuit by the Sierra Club Monday that could have made one-third of the Oceano Dunes State Vehicular Recreation Area off-limits to off-road vehicles.
Back in 2008, The Sierra Club told KSBY News it was filing suit against the California Department of Parks and Recreation to force the department to abide by a county land use policy that prohibits off-road vehicles from using the portion of the dunes known as the La Grande Tract. Supporters of the lawsuit say vehicles on the tract violate the county plan for the area, which designates approximately 580 acres as a buffer zone between the riding area and the dunes preserve. They say state parks should be required to abide by the county plan because, at the time, it leased that portion of land from the county.
On Monday, a judge ruled the Sierra Club cannot sue state parks, just as a trial court had ruled previously. The judge said it's too late to review the coastal development permit, established in 1982, and too early for judicial review of the Coastal Act. The judge added that the Sierra Club has never challenged the permit.
If anyone wanted to challenge the permit, they would have had to do so within 60 days of issuance. "Simply put, it is too late," the judge said in the ruling. "If the rule were otherwise, a coastal development permit could be subject to endless challenges long after the 60-day period for administrative mandamus review has expired. "
Read and view more here:
www.ksby.com/news/sierra-club-loses-its-battle-against-state-parks-over-oceano-dunes/
Everyone please keep fighting the good fight!
Crystal
* * * * *
Sierra Club loses its battle against State Parks over Oceano Dunes
A California Supreme Court judge threw out a lawsuit by the Sierra Club Monday that could have made one-third of the Oceano Dunes State Vehicular Recreation Area off-limits to off-road vehicles.
Back in 2008, The Sierra Club told KSBY News it was filing suit against the California Department of Parks and Recreation to force the department to abide by a county land use policy that prohibits off-road vehicles from using the portion of the dunes known as the La Grande Tract. Supporters of the lawsuit say vehicles on the tract violate the county plan for the area, which designates approximately 580 acres as a buffer zone between the riding area and the dunes preserve. They say state parks should be required to abide by the county plan because, at the time, it leased that portion of land from the county.
On Monday, a judge ruled the Sierra Club cannot sue state parks, just as a trial court had ruled previously. The judge said it's too late to review the coastal development permit, established in 1982, and too early for judicial review of the Coastal Act. The judge added that the Sierra Club has never challenged the permit.
If anyone wanted to challenge the permit, they would have had to do so within 60 days of issuance. "Simply put, it is too late," the judge said in the ruling. "If the rule were otherwise, a coastal development permit could be subject to endless challenges long after the 60-day period for administrative mandamus review has expired. "
Read and view more here:
www.ksby.com/news/sierra-club-loses-its-battle-against-state-parks-over-oceano-dunes/