Trail Access Advocate
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.