Judge Blocks Ferry County OHV Ordinance

Just got this press release from the Quiet Communities Coalition. This seems like great news if you support non-motorized trails in Ferry County. We’ve been covering this issue for a couple years now, but I’m sure this isn’t the end.

Ferry County Permanently Prohibited from Implementing Off Highway Vehicle Ordinance

On November 20, 2008 Superior Court Judge, Michael P. Price signed and entered a stipulated order granting a permanent injunction in the case between Quiet Communities Coalition and Ferry County Commissioners.
The Order provides that:
1. Ferry County Ordinance 2007-22 and Ferry County Ordinance No. 2008-06 violate RCW Ch. 46.09, as at least some of the roads and road segments designated for off-road vehicle or off-highway vehicle use in those Ordinances fail to create direct connections between off-road vehicle recreation areas and cities of less than 3,000 people.
2. Ferry County must conduct an Environmental Impact Statement before enacting a new OHV ordinance.
3. Ferry County is permanently prohibited from implementing Ferry County Ordinance 2007-22 and Ferry County Ordinance No. 2008-06.
4. The Court retains jurisdiction over continuing disputes that may arise between the parties regarding Ferry County’s efforts, if any, to enact and implement ordinances that purport to permit off-road vehicle use or off-highway vehicle use within Ferry County.
Ordinance 2007-22 was enacted in December 2007 to authorize use of Off Highway Vehicles on 54 Ferry County roads. Quiet Communities Coalition challenged the ordinance with a legal complaint based on non-conformance with RCW Ch. 46.09 and failure to comply with the State Environmental Policy Act.
The Commissioners then attempted to correct their errors by enacting a replacement Ordinance, OHV Ordinance 2008-06, in June 2008, on the same day of the Court hearing to challenge the first ordinance. After oral argument, the Court issued a temporary injunction preventing either ordinance from going into effect.
Quiet Communities Coalition is pleased that this court order represents a complete victory on both its claims. QCC will continue to closely monitor Ferry County’s efforts to enact any new OHV ordinance.

Submitted by Quiet Communities Coalition
For more information please contact: info@quietcommunitiescoalition.com

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