Carnegie Lawsuit Decision

[KazMan]

As riders celebrate this holiday season with their family and friends, they should take a minute to reflect on their partnership with State Parks to promote sustainable OHV recreation at Carnegie SVRA,” Don Amador concludes.

Link to District 36 News Letter

 

[cheez]

Woohoo! That's some great news!

 

[KrustyKruser]

Woot! Badass

 

[NB0tt]

Great news!

 

[elemetal]

Yay! CONOLLY SUCKS! Disrupting access to their land, pffft!
Merry Christmas indeed.

 

[Butch]

STOCKTON, CA (Dec. 12) – On November 21, 2019, the Superior Court of the State of California, County of San Joaquin, Stockton Branch, rendered a jury verdict in favor of managed OHV recreation at the Carnegie State Vehicular Recreation Area (SVRA).


Jerry Fouts, AMA District 36, Sound Testing Off-Road Motorcycle at Carnegie SVRA
The jury’s verdict found the California Department of Parks and Recreation Off-Highway Motor Vehicle Recreation Division’s environmentally sound OHV program – for both casual trail use and permitted motorized events – at Carnegie SVRA did not substantially interfere with the Connolly Ranch’s use or enjoyment of its land.

 

[byke]

So this was a separate lawsuit from the creek crossing?

 

[budman]

Great news!! :thumbup

 

[Kurosaki]

Nice to hear. Especially since I used to be waist deep in the Carnegie EIR and all related issues flying back and forth a few years ago.

 

[elemetal]

So this was a separate lawsuit from the creek crossing

The creek crossing had a couple of different lanes to it. They wanted to close the crossing to P&R completely so no access could be made to get to the MX track and trials practice. They stated that this was necessary due to P&R not living up to their stated directive for land use/management. They also sued P&R to rebuild the existing spillway as they said it was damaged beyond use due to P&R lack of oversight.

This court loss backs what P&R was doing and that they are following their stated directive (don't have to pay for the spillway damage). I'm not sure what it means for current access to the other side as that spillway is still part of the easement. However it does mean that P&R can build a separate spillway and restore the use of the other side. If they had ruled against then the MX track might have been a complete goner as they couldn't get emergency vehicles and heavy equipment over there even though you could ride to it.

 

[KooLaid]

FU Connolly. Time for them to pay up for legal costs of the lawsuit!

Would if be possible to build a cheaper moto only crossing bridge to access the track? The route makes it VERY looooooooog to get to the track, and then trying to refuel.

 

[elemetal]

I'm guessing they will build a new spillway but were waiting on the court decision to proceed. With all the equipment they have the building is the easy part; EIR and seasonal digging restrictions will be the hardest part.