Tuesday, December 22, 2009

Tuesday Dec. 22 Update on the Fight for Carnegie

The General has received a number of emails from riders who are asking, “Why have you been saying the Park’s last day of operation is Monday December 28 rather then agreeing with the Division’s after-hearing December 18 FAQ post on their website?”

OHMVR December 18 FAQ Post on Closure
Link to hard copy STAY

My concern was the uncertainty of the verbal court decision issued December 18 that said the STAY expired on December 29. Historically, state laws, regulations, and court decisions often take effect one minute after midnight on the cited day. I did not want to be telling riders for certain that the park would be open December 29 if there was ANY doubt in my mind.

It has been The General’s experience that verbal court decisions can change or be interpreted differently between when the court issues the verbal decision and when the affected parties actually receive the hard copy of the court document.

Since the verbal decision was issued, The Recreation HQ contacted OHMVR and requested that his office be informed when the Division received the actual document that would verify if the park was open until the close of business on December 29 or if the park was closed one minute after midnight on December 29.

Just this morning, I received confirmation from OHMVR that in fact the park would remain open for public use until the unit closes on December 29. That confirmation is based on hard copy documents OHMVR received on December 21. Note link above to hard copy that I got off the court website.

That information is good news as it will allow riders one more day to enjoy the park. In the meantime, OHV luminaries, legendary racers, business owners, and others are planning to be at the park on Monday December 28 for fellowship and trail rides. The Monday fellowship also works well for families that are taking a long vacation weekend and already have the day off.

At the end of the day, I don’t think there was anything wrong with the OHMVR’s original post that the park would be open through the end of business on December 29 v.
The General’s more pessimistic/jaded “wait and see” approach. Both are valid.

Thanks for staying involved and engaged in the Battle for Carnegie. I believe the time is rapidly approaching for a targeted letter writing campaign. Stay tuned.

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