Sunday, January 10, 2010

Jan. 11 - Legal Fog Hangs Over Carnegie Crisis

The Recreation HQ has received several emails from riders who want to know what exactly is going to happen at Carnegie on the magic date of January 11, 2010.

The General has worked hard to sift through the rhetoric in order to inform Carnegie fans if the park will stay open or not until the water permit has been approved.

As some of you know, OHMVR has been ordered by the appellate court to submit its written argument on January 11, 2010. But that is where the clarity ends and the uncertainty of the park begins.

Based on my understanding of the appellate court (which is usually more moderate than a single activist judge), it can order any of the following actions:

After reviewing the state’s written argument, the court could decide to withhold any decision until after oral arguments are heard. However, the timeframe for them hearing any oral arguments could range from a few days up to several weeks or a month. What is uncertain is what the court would do regarding the park being open during the review period. It could remain open (a likely scenario) or the park could be closed.

Another option would be for the court to immediately review the argument that day and order the park to remain open or closed based on that review. Or, the court could give itself a certain timeframe (days or weeks) to review the arguments and render a decision during which time the park could remain open (a likely scenario) or the park could be closed.

Also, there are many other options as well that may or may not be just as convoluted.

The point I am trying to make is that nobody (including The General) can predict what the appellate court with do on Monday. It is very likely that the OHV community will not know the open or closed status of the park until 5 p.m. on Monday.

The General will be at meetings this next week (Mon – Thurs) so he may have limited amounts of time to post updates, but rest assured he will do his best. In the meantime, be sure and monitor the OHMVR Official Website for updates. They have worked hard to keep you informed.

Thanks for your service!

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