Update on legal battle for public roads - Furnace area

blazerbrad · 07-29-2008, 05:06 PM

This is a cut & paste from our club's forum, posted by one of our member's who is deeply involved with OMTA (Ohio Motorized Trails Association).

For some quick background:

Around 3 years ago a local landowner (who shot at, and hit, a dualsport motorcycle riding on a legal township road while GPS mapping the road) petitioned the county commissioners to vacate the road. The legal process is that the county commissioners have to follow a certain guidelines before vacating a road, including allowing a public road viewing and meeting. If no objections are made within a certain timeframe the road can be vacated. However they didn't set up these public actions until AFTER the timeframe had already expired and the road closed. OMTA appealed this decision with the help of a few clubs who donated money for an attorney (our club almost drained our account to come up with the money).

Bascially I am passing this on in hopes that CORE as a club, or even individual people, might be willing to donate some money. I know that the club in general did not use the Furnace area or other places in Ohio, but this is the same situation that appeared to happen at Livingston that we are trying to avoid.

Heres info from BillK (OMTA Pres.):

We have a decision to make...
...court is saying we have no recourse once the commissioners fail to act, either by accident or design. It effectively says if the commissioners sit on their hands, we are denied a voice. The commissioners can say it is not their fault, and even though we could prove road use and need, we would be cut out. We need to find out if we can appeal and if we have the financial will and ability to appeal. I believe this is a constitutional issue. The idea that you can cut the public out of a public process, just by doing nothing, is appalling. Fighting this would not be free. I think this would be a good opportunity for a national organization to show support for state level issues. The fact is we need to decide if we have the will. It would be easier with outside help as it is an issue with (I think) national implications, that road users have no standing. Yet it is still our issue, do we care enough?

and later he said...

Vinton County Judge rules against YOUR right to appeal!

This is the most important issue Ohio riders and drivers have ever faced! This is about your right to use public roads, and having a voice about their status.

OMTA must continue fighting the lawsuit we started over 3 years ago (Richland TwpRd.15). In fact this is the most important part of the suit. It will decide if legal motorized recreationists can be cut out of the process by local officials by just “dragging their feet”. To do nothing means they win and we have no voice.

There is a legal term called a “Precedent”. If we miss this opportunity, we have allowed a precedent to be set that will cut us out of the process forever. The precedent is not just in Vinton County, but will be applied across the state. Every county and public agency can avoid having to deal with you, just by waiting for enough time to pass.

AUGUST 13 IS THE DROP DEAD DATE!

The attorneys’ retainer is $2500, and there is no money-fairy putting money under the pillow. We need help - if ten clubs or individuals put up $250, we would have the attorneys retainer. Buckeye Dualsporters is putting up the first $250. The cost to appeal is projected at 3 to 4 thousand dollars. Do you drive a street legal rig or motorcycle - on dirt roads? Do you take advantage of the APV/OHM sticker that allows you to travel on the berm of the road? Then you are involved! You are about to lose your voice, your right to be heard and to appeal!

If your right to ride is worth $20 or more, please send it. If it is only worth $5, send it! All funds donated will be dedicated to the legal defense fund, and is tax deductable. Ask your friends who ride or wheel in Ohio to donate.

This is not the time to think someone else will step up for you. This is not a “sometime in the future it may happen”. There is no tomorrow, in less then 20 days, if you do not help, you will lose your right to appeal.

Send donations to:
Legal defense fund
OMTA
34070 Sutton Rd
Logan Ohio 43138

07-29-2008, 05:06 PM	#1
blazerbrad - CORE Member - Join Date: Feb 2007 Posts: 831 Images: 6	Update on legal battle for public roads - Furnace area This is a cut & paste from our club's forum, posted by one of our member's who is deeply involved with OMTA (Ohio Motorized Trails Association). For some quick background: Around 3 years ago a local landowner (who shot at, and hit, a dualsport motorcycle riding on a legal township road while GPS mapping the road) petitioned the county commissioners to vacate the road. The legal process is that the county commissioners have to follow a certain guidelines before vacating a road, including allowing a public road viewing and meeting. If no objections are made within a certain timeframe the road can be vacated. However they didn't set up these public actions until AFTER the timeframe had already expired and the road closed. OMTA appealed this decision with the help of a few clubs who donated money for an attorney (our club almost drained our account to come up with the money). Bascially I am passing this on in hopes that CORE as a club, or even individual people, might be willing to donate some money. I know that the club in general did not use the Furnace area or other places in Ohio, but this is the same situation that appeared to happen at Livingston that we are trying to avoid. Heres info from BillK (OMTA Pres.): We have a decision to make... ...court is saying we have no recourse once the commissioners fail to act, either by accident or design. It effectively says if the commissioners sit on their hands, we are denied a voice. The commissioners can say it is not their fault, and even though we could prove road use and need, we would be cut out. We need to find out if we can appeal and if we have the financial will and ability to appeal. I believe this is a constitutional issue. The idea that you can cut the public out of a public process, just by doing nothing, is appalling. Fighting this would not be free. I think this would be a good opportunity for a national organization to show support for state level issues. The fact is we need to decide if we have the will. It would be easier with outside help as it is an issue with (I think) national implications, that road users have no standing. Yet it is still our issue, do we care enough? and later he said... Vinton County Judge rules against YOUR right to appeal! This is the most important issue Ohio riders and drivers have ever faced! This is about your right to use public roads, and having a voice about their status. OMTA must continue fighting the lawsuit we started over 3 years ago (Richland TwpRd.15). In fact this is the most important part of the suit. It will decide if legal motorized recreationists can be cut out of the process by local officials by just “dragging their feet”. To do nothing means they win and we have no voice. There is a legal term called a “Precedent”. If we miss this opportunity, we have allowed a precedent to be set that will cut us out of the process forever. The precedent is not just in Vinton County, but will be applied across the state. Every county and public agency can avoid having to deal with you, just by waiting for enough time to pass. AUGUST 13 IS THE DROP DEAD DATE! The attorneys’ retainer is $2500, and there is no money-fairy putting money under the pillow. We need help - if ten clubs or individuals put up $250, we would have the attorneys retainer. Buckeye Dualsporters is putting up the first $250. The cost to appeal is projected at 3 to 4 thousand dollars. Do you drive a street legal rig or motorcycle - on dirt roads? Do you take advantage of the APV/OHM sticker that allows you to travel on the berm of the road? Then you are involved! You are about to lose your voice, your right to be heard and to appeal! If your right to ride is worth $20 or more, please send it. If it is only worth $5, send it! All funds donated will be dedicated to the legal defense fund, and is tax deductable. Ask your friends who ride or wheel in Ohio to donate. This is not the time to think someone else will step up for you. This is not a “sometime in the future it may happen”. There is no tomorrow, in less then 20 days, if you do not help, you will lose your right to appeal. Send donations to: Legal defense fund OMTA 34070 Sutton Rd Logan Ohio 43138