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View Full Version : Sierra Club loses 2nd round in dunes fight



Trail_Fanatic
January 13th, 2012, 12:22 PM
Read the original here:
http://www.timespressrecorder.com/articles/2012/01/12/news/fivecities/news05.txt



The local chapter of the Sierra Club has lost the second round in its attempt to keep vehicles out of the majority of the Oceano Dunes State Vehicular Recreation Area.

On Monday, a California appellate court ruled against an appeal of an original lawsuit filed against State Parks in 2008 by the Sierra Club, which argued that off-road vehicles should be banned from what’s commonly called the La Grande Tract in the open riding area of the dunes.

The property lies in the state-operated Oceano Dunes SVRA near the mouth of the Arroyo Grande Creek and

must be crossed to access the off-highway park’s camping and open riding areas.

The Sierra Club believes the county’s Local Coastal Program, certified by the Coastal Commission in 1983, prohibits cars from driving on the tract, which the organization contends is a buffer zone identified on a county map.

Repeated attempts to contact a Sierra Club spokesperson prior to press time were unsuccessful.

The county claims the designation of the property as a natural buffer zone was made in error and never was corrected.

In a 2010 ruling in the case, Judge Charles Crandall decided that the court couldn’t intervene at that time in the dispute because it was too late to review the permit issued for the tract. The Sierra Club appealed the ruling.

The most recent decision in the case by the state Second Appellate Court ruling backs up Crandall’s ruling that the time has long passed to fight the 1982 coastal development permit that allows vehicle use in the La Grande Tract.

“Even if ongoing OHV activities may be inconsistent with the long-term goal of the LCP, this does not mean that a peremptory writ should issue,” the ruling reads. “Despite two pleading attempts, Sierra Club has failed to allege that State Parks has a clear and present ministerial duty to ban OHV activities on the La Grande Tract.”

The county owns the La Grande Tract and had a long-term agreement with State Parks for the operation and maintenance of the 584-acre property for 20-plus years. That agreement expired in 2007 and now is a year-to-year contract.

The court also ruled that the Sierra Club is barred from “collaterally attacking the 1982 Coastal Development Permit by suing for mandamus, declaratory or equitable relief.”

“The presumption is that the Coastal Commission, the county and State Parks have weighed the competing interests and are acting in the best interests of everyone, including the Sierra Club,” the ruling reads. “ As an appellate court, we exercise judicial restraint. We have no power to rewrite the LCP or Coastal Act.”

The Sierra Club also must pay court costs associated with the appeal, according to the ruling.

Trail_Fanatic
January 13th, 2012, 12:22 PM
LOVE it!!!

The court also ruled that the Sierra Club is barred from “collaterally attacking the 1982 Coastal Development Permit by suing for mandamus, declaratory or equitable relief.” ... The Sierra Club also must pay court costs associated with the appeal, according to the ruling.


Now THAT serves them right!

phittie1100
January 13th, 2012, 01:20 PM
I hate to see that happen...no really, I am serious.

Jarhead
January 13th, 2012, 03:27 PM
Hope prevails...

lpm606
January 14th, 2012, 08:56 AM
That line at the end where it said they have to pay the court costs caught my attention as well. That is awesome!

WhiteRhino
January 14th, 2012, 10:42 AM
Nice to see.

Trail_Fanatic
January 14th, 2012, 01:04 PM
I hate to see that happen...no really, I am serious.

Huh!!???

I don't understand?
How so? I'd like to hear your point of view.

phittie1100
January 15th, 2012, 10:42 PM
Huh!!???

I don't understand?
How so? I'd like to hear your point of view.

Sorry Pat, read it as though it were oozing sarcasm

Sent from my DROIDX using Tapatalk

Trail_Fanatic
January 16th, 2012, 12:06 AM
OK, I would have, but you had to ad the "no really, I'm serious" and it made me wonder!