[HummBebe]

Part deux:

Then Things get Worse

The following Monday, after the event, CORVA’s attorney was notified that the Center for Biodiversity would be returning to Court with another TRO Motion. This one, however, not only sought to shut down all OHV use of Truckhaven, it also accused CORVA of going forward with the Truckhaven Challenge on January 20—21, despite telling the Court it was cancelled. In other words, CBD was alleging that CORVA lied to the judge. This is an extremely severe accusation.

The Court hearing on this new TRO was set for Friday, January 26. However, CORVA had to submit its legal briefs and evidence to the Court by Wednesday, January 24, at 12 noon.

CORVA went into defensive mode and had numerous key volunteers and Board Members file Declarations with the Court, explaining their personal experiences at the event. This masterful orchestration by Mr. Hubbard of obtaining Declarations to support CORVA’s legal brief was accomplished within 48 hours – not the usual 30 days. All of these legal documents were then submitted to the Court within the Wednesday deadline.

The Center for Biodiversity had intentions of “proving” that CORVA and State DPR continued with the event, against statements made in open court by CORVA’s attorney to the contrary at the previous hearing. CBD had even sent “spies” to take photographs of the “non-event” in hopes of persuading the judge that the Truckhaven Challenge had gone forward.

Then they get much better…

“Apparently, we struck a nerve with our court papers,” wrote CORVA’s attorney, Mr. Hubbard, in an email to Mr. Waldheim the next day at 10:45 a.m. “Just minutes ago, I received notice from CBD that it has dismissed CORVA from the lawsuit against State Parks. Apparently, CBD doesn't want us at the hearing so they've taken us out of the case.”

Perhaps the most satisfaction CORVA could have ever hoped for came from the Court itself. At the hearing on Friday, January 26, Judge Gail Ohanesian of the Sacramento County Superior Court denied the CBD’s request for a Temporary Restraining Order that would have shut-down the Truckhaven area to all off-highway vehicle use for the indefinite future.

Based on the briefs and declarations submitted by State Parks and CORVA, the Court was persuaded that (1) no violations of law took place, and (2) no restraining order was necessary to protect the resources at Truckhaven.

CORVA’s legal counsel, Mr. 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.[ii]

According to Steve Kuehl, CORVA’s Immediate Past President, “Perhaps the most telling reason Judge Ohanesian denied the TRO was likely due to the outstanding legal brief submitted to the Court by CORVA’s attorney. In short, the Plaintiff (CBD) needs to demonstrate to the Court that they are likely to succeed in the lawsuit -- planned for a later date -- in order to persuade the Court to issue the Temporary Restraining Order.”

Contained in that Brief was the irrefutable fact that CBD blundered as this lawsuit was “time barred” (meaning the statue of limitations had run out) and they failed to provide “legal arguments”, but instead provided “policy arguments” in its Motion before the Court.

In the End, the Legal Process Worked

In the end, the legal process worked and justice prevailed. What started out as a serious threat to CORVA and its event, ended on a much more positive note.

Regarding the cancellation of the event, CORVA President Ed Waldheim said, “I am forever grateful to the volunteers who bucked-up and took control of the situation on-sight in my absence. Yes, there were many disappointed members and a few who were angry with the Center for Biodiversity for this action, but CORVA persevered and ‘Took the High Road’ as we always do. In the end, we prevailed and beat the Center for Biodiversity at their own game!”

CORVA will be celebrating this win at the upcoming Family Fun Day & Convention in California City, to be held near the Cal City MX Park (on 20 Mule Team Road and Chrysler St.) on March 30 to April 1, 2007. We will be hosting free events for all CORVA members! This will include all ages, skill levels and all vehicles with trophies galore!

Join the association today, make your generous donation to honor our win against CBD and to keep public lands open for future public use and come have fun with us in Cal City! See you there!

[i] Information courtesy of the Declaration of John Stewart, January 19, 2007 (CBD et.al v. DPR/CORVA – Case No. 07CS00077) Sacramento Superior Court [Hyperlinks and additional information added by CORVA]

[ii] Press Release by EcoLogic Partners (Dave Hubbard) January 26, 2007