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Old December 2nd, 2009, 09:26 PM   #1
Icemanii
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Default Appeal filed in Tellico Closure

Posted from Pirate in the Tellico section from this thread:
SFWDA, UFWDA & Blueribbon Coalition File Appeal With USFS On Tellico Closure


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Originally Posted by JC NC View Post
The Rescue Tellico coalition, SFWDA, UFWDA and Blueribbon Coalition have filed an appeal with the Forest Service asking for the Decision Notice to permanently close the Upper Tellico OHV trails to be overturned.

Blueribbon Coalition counsel, Paul Turke, filed an appeal on Monday, November 30th. The appeal can be read at: http://www.sfwda.org/forum/uploads/5...l_11-30-09.pdf

SFWDA member and registered Environmental Engineer Flint Holbrook also filed an appeal through his company's legal counsel last weekend. After reading both of these well written appeals, it is hard to imagine that the Forest Service will be successful in closing the Upper Tellico OHV trails permanently. Reason would argue that at the very least the Forest Service will need to do more studies to justify their position.

The appeal filing deadline was Monday, November 30, 2009. The Forest Service will now have 45 days do decide the appeals. After this 45 day process is complete, all of the avenues of due process will have been exhausted. If the Forest Service Deciding Officer affirms the Forest Service Supervisor's Decision Notice for the closure of the trails, the appellants can proceed with a suit in the courts of law as a final recourse.

SFWDA, along with their partners UFWDA and Blueribbon Coalition, is dedicated to fighting this unethical, illegal and immoral closure action by the Forest Service and will pursue any and all avenues available to support the public's right to 4wd recreation on public lands!

Be assured that SFWDA is actively involved in advocating and protecting your interests in this matter and needs your continued support!
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Old December 2nd, 2009, 10:20 PM   #2
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Hopefully the appeal opens the door.
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Old December 3rd, 2009, 07:56 AM   #3
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All I hope happens is that the forest service looks like retards for closing it over the reasons they have. It was so biased that it will be painfully obvious once it gets looked at in court. Fingers are crossed!
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Old December 3rd, 2009, 08:33 AM   #4
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Quote:
Originally Posted by 95geo View Post
All I hope happens is that the forest service looks like retards for closing it over the reasons they have. It was so biased that it will be painfully obvious once it gets looked at in court. Fingers are crossed!
a big X 2
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Old December 3rd, 2009, 08:43 AM   #5
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Quote:
Originally Posted by 95geo View Post
All I hope happens is that the forest service looks like retards for closing it over the reasons they have. It was so biased that it will be painfully obvious once it gets looked at in court. Fingers are crossed!
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Old December 3rd, 2009, 02:17 PM   #6
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I have read the appeal and I must say that I was pleasantly surprised that it was well written (except for one unfortunate spelling mistake) and supported by case law. It gives the appellate officer clear grounds for reversing the Decision. Fingers crossed. If it goes to court I do not see how Forest Service could win.
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Old December 4th, 2009, 06:36 AM   #7
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Actually there's 3 spelling mistakes (Analaysis) (aeverse) (mimimized).
To the point:
I suspect the USFS Appellate Officer would be hard pressed to rule against its own body. I suspect they will stay the course and we will end up in court. I just hope that an injunction will be filed to prevent the infrastructure improvements that will permanently alter the character of the area like paving Trail 1.
Stay tuned for more updates.
Also be prepared to hear SFWDA pleading for contributions. Court cases are not cheap.
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Old January 25th, 2010, 02:24 PM   #8
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They spoke briefly about this on Xtreme 4x4 this weekend.
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Old January 25th, 2010, 02:33 PM   #9
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Is there a link to a clip from the episode? I would be interested in watching it.
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Old January 25th, 2010, 02:37 PM   #10
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Is there a link to a clip from the episode? I would be interested in watching it.
Maybe at Spike TV's website?
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Old January 25th, 2010, 02:47 PM   #11
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Yes- they listed some of their favorite trails and stamped them "CLOSED" in big bold letters over a pic of a KY map. It was pretty obvious what they were trying to convey. The even discussed that it was closed due to erosion and "elevated levels" of something or another in the water downstream.
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