Attention..tellico..attention..update

[YellowjeepCj]

Today, SFWDA was notified of a date certain for a hearing on Tellico for August 23, 2012 in Bryson City, NC.

That is all I have for now.

Thanks you for your attention.

[generalyota]

Could it be?

[Mad Machinist]

Wonder if our recent actions had anything to do with this?

[Bebe]

Originally Posted by Mad Machinist

Wonder if our recent actions had anything to do with this?

What kind of hearing?? Forest Service - Court?

[Bebe]

Never mind - Got it...

Originally Posted by YellowjeepCj

Latest news on the lawsuit.....SFWDA Lawyer has received a confirmation from the Court canceling the proposed hearing on February 22, 2012. This was due to scheduling conflicts and will reschedule for a later date. No date has been set. It is anticipated that the hearing will be reschedule for the May/June time frame. I will let you know as soon as I know the date.

[jduck]

What is being debated in this hearing? If it is ruled in our favor what is likely to happen?

[YellowjeepCj]

I will try to answer your questions and provide you some new information I have just learned.

First, the hearing is to debate a summary judgement request SFWDA has made to the Court to decide if the FS acted properly, met all the requirements of the notice of no significant impact under the NEPA law. Both the Government, Intervenors and SFWDA have filed briefs with the Federal Court. You can read those on the SFWDA website SFWDA.org.

Second, if the Judge decides in our favor what do we win? This is a good question and one not easily answered. the Judge can do almost anything he wants in this situation. The most likely outcome would be a second "hearing" , if you will, to decide the remedy. Obviously, we are asking for the OHV system to be reopened. However, due to the FS actions to obliterate the trails this option does not exist (some believe this was the motive so an immediate reopening order could not be issued). Hence, there must be some design, construction etc. to reopen the OHV system. Also, money must be made available to do this and since we are dealing with Federal property procurement procedures must be followed as well as environmental permits, rules etc. You get the picture why a second hearing may be required.

Third, the hearing will be held at 2 PM in Courtroom 50 Main Street, Bryson City, NC 28713 before Judge Martin Reidinger. You can view the calendar here http://www.ncwd.uscourts.gov/Calendar/Court.aspx. This is your money at work (your tax dollars supporting the FS and your after tax goodwill contributions to SFWDA, BRC, UFWDA). It is a public process. You are welcome to attend and encouraged to attend. It is fine to wear identifying attire that you are a supporter of off road driving (i.e club logos). Remember, you must be respectful of the Court and the process. You will not be allowed to speak during the proceedings. Just your presence in the court room will be enough. It will give you an opportunity to see our system at work. It is very important that we do not do anything that will reflect badly on our sport. I think it will be a testament to our resolve and perseverance to have as many of us as can participate to be there in person.

Fourth, Please be reminded that it is very unlikely that a decision will be rendered on August 23rd. You will most likely be disappointed if you attend expecting to hear a decision. The decision will usually take 30 to 90 days. It may be in our best interest that the Judge take his time to consider everything in the case. Also, remember that any decision can be appealed by the opposing side.

Fifth, please re-post this information on other 4x4 boards and forums to help spread the word.

I look forward to seeing you on the 23rd in Bryson City, NC.

Thank you for your support.

Flint Holbrook
SFWDA Director Land Use and Conservation.

P.S. We also recommend that we all spend a few extra minutes on our knees praying for our legal team, the judge and a favorable outcome for our sport.

[HITMONEY]

Thanks for the update.

Reposted this on JKO as well.

[YellowjeepCj]

HITMONEY

Thanks for the help.

[44Runner]

I unfortunately can't make it because of my work schedule. Best of luck and update us how it goes.

[LYIN' KING]

Reidinger is 54, began private practice at age 26 and was nominated by George W. in ’07, has been seated just shy of five years, his predecessor was seated for 17 years having been nominated by George H.W., family includes his Wife, three Daughters and a Son.

U.S. Senator Elizabeth Dole [R] N.C. spoke up for him in his '07 confirmation hearing stating he had a “MOST CAPABLE LEGAL MIND, IMPECCABLE CREDENTIALS, KEEN SENSE OF JUSTICE AND A STRONG DESIRE TO SERVE”.

He appears to be tough on criminals, perhaps local folks have an idea how he’d rule.

I sure hope SFWDA gets traction in this!

[krawler00]

Not sure what will be left!? I was just up there and saw the destruction 1st hand. Blasting rock out and moving tons of earth. I took pics but can't post them here. I drove down to within 1/4 mile of where T1 and lower 2 intersected and saw a major operation happening. It almost looked like they are building a new road system and widening things out for a neighborhood. But, if you want to see the pics, head over to GATR and see the thread... http://www.gatrailriders.com/GTRForu...46.0;topicseen

[jimbo92]

cant see it. not a member on that site and it seems to be restricted.

[purplezuki]

Damn same here,,,

THANKS fer the link dude

[TSEJEEPERS]

Originally Posted by krawler00

Not sure what will be left!? I was just up there and saw the destruction 1st hand. Blasting rock out and moving tons of earth. I took pics but can't post them here. I drove down to within 1/4 mile of where T1 and lower 2 intersected and saw a major operation happening. It almost looked like they are building a new road system and widening things out for a neighborhood. But, if you want to see the pics, head over to GATR and see the thread... http://www.gatrailriders.com/GTRForu...46.0;topicseen

Get a photobucket account (its free) and post them here please.

[87manche]

Originally Posted by TSEJEEPERS

Get a photobucket account (its free) and post them here please.

or email them to me and I will stick them in my photobucket account.

ns ja mes AT gmail DOT com

no spaces obviously.

[krawler00]

Sorry guys. You should be able to see them on the site. It is not a restricted area on there. Anyway, I just uploaded them to my bucket and here is the link. Feel free to use them for whatever you like. I would sure love to show the tree hugging TU guys all this destruction and potential run off! Just pisses me off! But I guess our 100 rigs a month at best was worse than this huh?

http://s238.photobucket.com/albums/f...lico%208-2012/

[DRM]

Anyone planning to attend the hearing from the Nashville, TN area?

[87manche]

Originally Posted by krawler00

Sorry guys. You should be able to see them on the site. It is not a restricted area on there. Anyway, I just uploaded them to my bucket and here is the link. Feel free to use them for whatever you like. I would sure love to show the tree hugging TU guys all this destruction and potential run off! Just pisses me off! But I guess our 100 rigs a month at best was worse than this huh?

http://s238.photobucket.com/albums/f...lico%208-2012/

I don't even know why I clicked that link.

depressing it is.

[YellowjeepCj]

Hearing is set or this coming Thursday! Please make your plans to attend.

Thanks to all of you who have made contributions to the Rescue Tellico Fund it is good to see that folks have faith in the process!

[Skerb]

anyone there have any updates?

[yellowxj]

[Southbound]

I was there today - I will be extremely surprised if anything happens in our favor. Personally I was very disappointed with what was presented - I am interested to see what others thought. I am not a lawyer but we did not appear to have a strong case or the case we had wasn't presented convincingly. I know it is easy to be a critic and I know a great deal of effort went into this and I appreciate that but in my opinion the information presented by the Forest service/TU reps to me was much more convincing. Hopefully I am wrong because I was really hoping at least some part of the trail system might be restored.

[funkskunk]

^ ditto

I noticed that the FS laywer read his closing comments and our guy just came from the heart. Which might have worked if our case would have been stronger. Alot of our side was based on FS wording in their documentation. I feel like the judge was straight up about his inquiry into the case. Hopefully he can see that the closure was unnecessary even if it would have cost millions to rescue it. I came late so I didn't catch the beginning of the hearing, I hope that our side mentioned the many years of service and trail work that was volunteered to maintain the trails. I agree I won't be surprised if it doesn't go our way, but I pray it will.

[Georgia Mike]

I was there and unfortunately I'll have to agree with the above posts. As for the rest of my opinion, I'll keep that to myself and just suffice to say that I appreciate everything that UFWDA, SFWDA, and the BRC do for our sport.