Thursday, 26 December 2013
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On December 13, 2013, Superior Court of California issued a tentative ruling on the demurrer filing by California Department of Parks and Recreation concerning the lawsuit filed by PEER over motorized access to Ocotillo Wells SVRA.The response, demurrer, cited that Public Employees for Environmental Responsibility (PEER) and Desert Protection Council (DPC) have improperly invited the court to direct State Parks how to run the SVRA, something the law does not allow.  In order to pursue this lawsuit, PEER/DPC must identify a specific non-discretionary task, required by law, that State Parks has failed to perform.  That is something the filing by PEER/DPC failed to identify. In his ruling, the judge did find the initial filing by PEER did not meet criteria to continue.  However, the judge provided PEER a 20-day period to re-file their lawsuit to meet required legal criteria.PEER has re-filed their lawsuit seeking to close open riding in Ocotillo Wells SVRA on December 20, 2013.Tierra del Sol 4WDC of San Diego and EcoLogic Partners have been tracking the lawsuit progress and are prepared to intervene on behalf of motorized recreation when appropriate.  California Association of Four Wheel Drive Clubs supports the efforts of its member club, Tierra del Sol 4WDC and EcoLogic Partners.

A copy of the court ruling and the new filing are attached.

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