Here is the response by David Hubbard
(CORVA's Attorney)
CORVA & Ecologic Partners, Inc. held off the
Temporary Restraining Order (TRO)
to close the TRUCKHAVEN Area !
See the CORVA Response, Battle for Truckhaven.
&
Artticle: 48 Hours of HELL, By Ed Waldheim
PRESS RELEASE
EcoLogic Partners, Inc.
SACRAMENTO – On Friday, January 26, 2007, Judge Gail Ohanesian of the Sacramento County Superior Court denied a request by the Center for Biological Diversity (CBD) for a Temporary Restraining Order (TRO) that would have shut-down the popular “Truckhaven” area to off-highway vehicle use for the indefinite future.
CBD had sought the TRO claiming that the California Department of Parks and Recreation had failed to comply with the California Environmental Quality Act prior to allowing OHV activities at the Truckhaven property, which State Parks acquired last summer. CBD also alleged that State Parks had allowed the California Off-Road Vehicle Association (CORVA) to hold an illegal OHV event last weekend (January 20-21) at Truckhaven.
Both State Parks and CORVA submitted detailed briefs and other evidence to the Court demonstrating that no legal violations took place and requesting that CBD’s request for a TRO be denied. The Court was persuaded that no restraining order was necessary to protect the resources at Truckhaven.
CORVA’s legal counsel, David Hubbard of EcoLogic, said, “This is a great victory for families who enjoy recreation in the southern California desert. For the moment at least, we have preserved a Truckhaven tradition that has been unbroken for more than 50 years.”
The fight over Truckhaven is not over yet. Although its TRO request was rejected, CBD still intends to pursue its overall CEQA lawsuit against State Parks over Truckhaven. CORVA and other interested parties will likely participate in the litigation.
For more information regarding this press release, contact David Hubbard at dph@ecobalance.biz or (619) 992-3600.
(EcoLogic is a non-profit corporation committed to responsible family recreation in the great American outdoors.)
Saturday, January 27, 2007 – 8:15 a.m.
Here are the suits and responses that have transpired in the last week.
The Center for Biological Diversity (CBD) filed two suites in court against the California Department of Parks and Recreation and CORVA on Friday Jan 19, 2007.
Read what the CBD has posted on their Press release and the CBD website. (Posted Friday 1/19/07)
Here are the two suites filed Friday 1/19/2007
Petition for Writ of Mandate and Complaint for Declaratory Judgment
Motion for Stay and Temporary Restraining Order
Letter from the State Lands Commission
These are the reason CORVA chose to cancel the Truckhaven Challenge and Satellite Safari, Friday.
Saturday morning the Course markers were removed and NO OFF-ROAD EVENT was held.
Monday, the CBD alleged that CORVA held the Truckhaven Challenge
Here are the documents that were filed in Court the next week.
Note: page Page 6 Item C line 3 to 16 CBD states: On the Weekend of January 20-21, an event known as the Truckhaven Challenge took place on the Project site and they believe that hundreds of off-road vehicles took part in the event.
Stay and Temporary Restraining Order Final filed Jan.26, 2007
Here are the Declarations and exhibits presented by the CBD
CBD Exhibits presented
Exhibit 1: The welcome Banner with CORVA taped out
Exhibit 2: Ed Waldheim talking to Sandy D. telling her about cancellation.
Exhibit 3: The table where people could get info on the CANCELLATION, and pick up the T-shirts thay had purchased.
Exhibit 4: Raffle tickets for a social gathering. (NOT FOR AN OFF-ROAD EVENT)
Exhibit 5: Picture of a Truckhaven Challenge T-Shirt.
Exhibit 6: Camp and people Recreating on PRIVATE PROPERTY not State lands.
Exhibit 7: Vehicles that are parked getting information about the Cancelation.
Exhibit 8: People camping on Private land not State Property.
Exhibit 9: Course Marker that was removed The Course markers were being picked up at the time of this picture.
Here are the documents that CORVA responded with.
Here is the response by David Hubbard
(CORVA's Attorney)
Here is the FINAL COURT RULING