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Supreme Court to hear NOVA case
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<blockquote data-quote="Tod" data-source="post: 1486887" data-attributes="member: 16887"><p>The intent of the program was not relative to the case.</p><p>Neither was fairness.</p><p>The legislature has no legal obligation to consider either.</p><p></p><p>Our case was based soley on the constitutionality of the misappropriation.</p><p></p><p>That is why blowing up the NOVA program could not be ignored.</p><p>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.</p><p></p><p>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.</p><p></p><p>Much better to create a nonprofit entity that would manage the grant process in a purely pro-ORV manner.</p><p></p><p>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.</p><p></p><p>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.</p></blockquote><p></p>
[QUOTE="Tod, post: 1486887, member: 16887"] 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. [/QUOTE]
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