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Supreme Court to hear NOVA case

Tod

Well-Known Member
Joined
Nov 24, 2006
Messages
279
Location
Stanwood
FOR IMMEDIATE RELEASE:

Washington Off Highway Vehicle Alliance ORV funds lawsuit with go before the Washington State Supreme Court.

Olympia, Washington
 
well it was heard.. interesting arguments...

http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2012050063A

I dunno. I think the WOHVA attorney didn't do a great job relaying our case. At one point its shown that perhaps we should all get refunds instead of NOVA.

It would have been better if he laid out what the plan was originally intended for in 1970s, and started by the ORV community was morphed into different appropriations during the years, to what accumulated into the parks appropriation, stripping ORV funding entirely.

I'd like to see this win, well a part of it... but the argument to strike down NOVA entirely is pretty scary!
 
Well at least someone did something and called them on this issue. Things can usually be done better by someone else, But at least they were called out to justify what was done.
I have a friend that does alot of dirt biking and from the talks we have had the bikers are alot more orgonized and together on adressing issues at the govornment level.
We need to get our stuff together and figure a way to show a more unified front.
Its the same story, We need to find a way to come togther and show we are a strong group insted of fighting with in the group.
 
well it was heard.. interesting arguments...

http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2012050063A

I dunno. I think the WOHVA attorney didn't do a great job relaying our case. At one point its shown that perhaps we should all get refunds instead of NOVA.

It would have been better if he laid out what the plan was originally intended for in 1970s, and started by the ORV community was morphed into different appropriations during the years, to what accumulated into the parks appropriation, stripping ORV funding entirely.

I'd like to see this win, well a part of it... but the argument to strike down NOVA entirely is pretty scary!

The intent of the program was not relative to the case.
Neither was fairness.
The legislature has no legal obligation to consider either.

Our case was based soley on the constitutionality of the misappropriation.

That is why blowing up the NOVA program could not be ignored.
We knew going in that showing the unconstitutionality of giving our money to State Parks would raise the question of the constitutionality of the NOVA program itself.

Personally I would not mind seeing the State Recreation and Conservation Office lose their total control over the NOVA money. That agency is run by people that are openly anti-ORV including the agency director that used to the executive director of the WTA.

Much better to create a nonprofit entity that would manage the grant process in a purely pro-ORV manner.

Concerning how the program has morphed, that was referenced in the brief we submitted. If we raised that topic in any signifigant manner the state would have successfully objected based on the matter already being settled in court via NMA v. State of WA in 2005.

There are strict limitations to what you can bring before the Supreme Court during oral agruements, step outside the lines and you lose no matter how right you are.
 
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ahh, thanks for the clarification Tod.

I do like the idea of a non-profit taking over management of the 'refund'. But I wonder if thats possible now that NOVA is not just the ORV crowd but 'everyone'. (and still a measily 1%)

Its sorta why I like the idea of specialized license plates for motorized vehicles. It would be put into a non-profit fund.
 
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