Supreme Court to hear NOVA case

Discussion in 'Pacific Northwet - Where it's green. And wet.' started by tod701, Feb 12, 2012.

  1. tod701

    tod701 Long timer

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    FOR IMMEDIATE RELEASE:<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:eek:ffice:eek:ffice" /><o:p></o:p>
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    Washington Off Highway Vehicle Alliance ORV funds lawsuit with go before the Washington State Supreme Court.<o:p></o:p>
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    Olympia, Washington – 13 February 2012<o:p></o:p>
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    The Washington Off Highway Vehicle Alliance (WOHVA) and Northwest Motorcycle Association (NMA) lawsuit against the State of Washington to block the transfer of over 9.5 million dollars in offroad vehicle funds from the Nonhighway and Offroad Vehicle Activities (NOVA) account to State Parks will advance to the Washington State Supreme Court. Attorney James Buchal will be representing both organizations.<o:p></o:p>
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    In 2009 the Legislature passed House Bill 1244, which transferred the money out of the NOVA account. The NOVA account money comes from the gas tax paid by offroad vehicle users and the license tab fees on offroad vehicles (ORV).<o:p></o:p>
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    According to the Washington State Constitution gas tax collected must be used only for roads. To comply with that the state allows refunds on gas tax paid for other uses.<o:p></o:p>
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    In 1972 the offroad vehicle community supported passage of legislation that waived their right to a direct refund of the taxes they paid for ORV fuel in exchange for having those same funds “refunded” into a dedicated account to promote and protect their sport. Later on, their ORV license tab money was added to this account too. The NOVA program was established to administer these funds.<o:p></o:p>
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    All the money went to State Parks where it was not spent on offroad vehicle recreation. This was not a legitimate refund for the benefit of these taxpayers.<o:p></o:p>
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    The NOVA funding is normally distributed by the State Recreation and Conservation Funding Board in the form of grants. These grants are awarded to governmental agencies such as the United States Forest Service, the Washington Department of Natural Resources and various counties. It is the primary source of funding for offroad vehicle recreation and for law enforcement on public lands in Washington.<o:p></o:p>
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    If this funding is not returned to benefit the taxpayers that paid for it, families and their children throughout the State of Washington will lose the healthy outdoor recreational opportunities they were promised and for which they paid their taxes and ORV tab fees, as the trails they have enjoyed together are closed. Additionally, public employees throughout Washington who maintain and patrol those trails will lose their jobs.<o:p></o:p>
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    The Washington Off Highway Vehicle Alliance and the Northwest Motorcycle Association are nonprofit organizations dedicated to protecting and promoting off highway vehicle and offroad motorcycle recreation.<o:p></o:p>
    <o:p></o:p>
    Tod Petersen<o:p></o:p>
    Political Action Committee Chairman – Washington Off Highway Vehicle <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:eek:ffice:smarttags" /><st1:City w:st="on"><st1:place w:st="on">Alliance</st1:place></st1:City><o:p></o:p>
    Legislative/Land Use Coordinator – Northwest Motorcycle Association<o:p></o:p>
    P.O. Box 61161<o:p></o:p>
    Seattle, WA 98141<o:p></o:p>
    tod701@aol.com<o:p></o:p>
    www.wohva.org<o:p></o:p>
    www.nmaoffroad.org<o:p></o:p>
    #1
  2. tim007

    tim007 Banned

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    damn it you beat me to posting it :):deal:deal
    #2
  3. tod701

    tod701 Long timer

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    You're still pretty quick - how many minutes ago did you get it?
    #3
  4. Wenduro

    Wenduro Agenda 21 Refugee

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    It appears our elected representatives have not been forthright and honest with us over the years.
    #4
  5. Jimmy the Heater

    Jimmy the Heater Dirt Farmer

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    *shocked!* Ummm ok not at all...
    #5
  6. tod701

    tod701 Long timer

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    The Supreme Court will hear our case 22 May 2012.
    #6
  7. moto-treks

    moto-treks Back Home

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    :thumb Lets hope the judges do their job and are not influenced by those working in Olympia
    #7
  8. tod701

    tod701 Long timer

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    DIVIDED SUPREME COURT ALLOWS NOVA MISAPPROPRIATION TO STAND :cry
    <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:eek:ffice:eek:ffice" /><o:p></o:p>
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    The long and hard fought battle to recover our NOVA funds that were misappropriated by the Legislature in 2009 has come to an end. It has been over three years since the NMA and WOHVA filed our lawsuit to stop the theft of our ORV gas tax and permit fee money. The last chance to correct this inequity was our appeal before the Washington State Supreme Court.<o:p></o:p>
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    The Washington State Supreme Court has declined to overturn the lower court's decision which would have returned our stolen NOVA funds.<o:p></o:p>
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    While 4 of the 9 Washington State Supreme Court Judges agreed with us, 3 disagreed and the remaining 2 judges believed that since the funds were gone the case was moot. So we did not have majority ruling in our favor. We strongly disagree with findings of mootness by Justices Steven Gonzalez and Mary Fairhurst because this issue is likely to reoccur. We agree with Justice James Johnson who wrote the dissenting opinion. It reads in part:<o:p></o:p>
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    “I would require any expenditure of gas tax purportedly not used on highway roads under article II, section 40 to have a specifically targeted benefit to the affected nonhighway taxpayers in order to comply with the constitutional restrictions on the expenditure of motor vehicle fuel tax revenue. In my view, the proposed benefit to nonhighway taxpayers in the 2009 appropriation for Parks employees’ salaries is beyond attenuated so as to be fiction. Thus, I would find any future appropriations, which are similar to the 2009 appropriation at issue in this case, constitutionally invalid.”<o:p></o:p>
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    Justices Tom Chambers, Charles Johnson and Debra Stephens join him in his dissent, while Justices Barbara Madsen, Charles Wiggins and Susan Owens found the misappropriation to be constitutionally acceptable.<o:p></o:p>
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    Members of the Supreme Court are elected officials in the State of Washington. We may want to keep these results in mind the next time these Justices are up for reelection.<o:p></o:p>
    We’ve been failed by all three branches of government. The legislative side passed legislation enabling the theft, the executive branch condoned it and lastly the judiciary failed to uphold the State Constitution by not ruling that the legislative action was unconstitutional.<o:p></o:p>
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    The small upside to this is that more of the Washington Supreme Court Justices agreed with us than disagreed. The end result is mixed. After the fuss that we raised, the Legislature has not misappropriated our ORV funding again. But 2013 is a new year with another budget crisis- so everything is once more at risk.<o:p></o:p>
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    Be ready to help protect our sport again, it won’t happen without your support.<o:p></o:p>
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    Happy trails,<o:p></o:p>
    <o:p></o:p>
    Tod Petersen<o:p></o:p>
    Legislative / Land Use Coordinator<o:p></o:p>
    Northwest Motorcycle Association<o:p></o:p>
    <o:p></o:p>
    #8
  9. Aquanout

    Aquanout Hooliganantic

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    So they take our required ORV tag money and apply it where ever they choose? And the grown ups basically say it already happened so tuff luck? Wow, we have a fucked up government, it's okay to steal as long as it takes the victim a while to chase you down for it. Can't wait to see this ruling used in a big bank or criminal case. What a crock.
    #9
  10. Mr. Cob

    Mr. Cob Howling "Mad", Adventurer

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    Howdy All,

    Hey ya got two miles of test trail, what the phuck more do you want...........
    #10
  11. guns_equal_freedom

    guns_equal_freedom Long timer

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    Supreme Court.
    #11
  12. HotChilliColdBeer

    HotChilliColdBeer Human Swizzle Stick

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    Not surprising, but sad.

    Thanks Tod.





    Charlie
    #12
  13. linkweewee

    linkweewee tantum quantum

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    Another whine from north of the Columbia. How unusual here.
    #13
  14. Mr. Cob

    Mr. Cob Howling "Mad", Adventurer

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    Howdy Steve,

    Are you trolling again in another thread concerning the PRoW and another despicable action the government has taken against those of us who actually LIVE here and have to deal with?

    Have you ever considered how rare it is for the folks who live in the PRoW to enter into the threads concerning things that are a concern of those who live in Oregon, well have you?

    Doesn't mean I won't share a camp fire with you, toss back a cold one and swap lies with ya, just makes me wonder what the heck is in the water down there that you folks are drinking. :1drink
    #14
  15. tod701

    tod701 Long timer

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    Care to explain what you mean by that?
    #15
  16. Jackazz

    Jackazz Been here awhile

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    Nova funds and volunteer hours are all we have to keep our trails open. If your not into single track and all you do is "ride" gravel then you probably don't get it. When the Nova funds were diverted to state parks we had camp grounds shut down at our riding areas and trail maintenance suffered. I've have spent great weekends camping with my wife and kids as well as some good friends at those sites. Thankfully most have opened back up.
    As far as another whine is concerned many of us north of the Columbia have donated money to the legal fund, sent countless letters to various reps and politicians and volunteered hours to keep our riding areas open.
    IMO this decision is a hard blow to the off road community and sends the wrong message to Olympia.

    PS There's probably something wrong with me but for the most part I appreciate your different points of view.

    Tim
    #16
  17. linkweewee

    linkweewee tantum quantum

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    No other regional forum mods let their kingdoms become regional and/or state-specific CS&Ms is my point here. Check out the other regional forums to see if this goes on and have a nice day. :D
    #17
  18. Mr. Cob

    Mr. Cob Howling "Mad", Adventurer

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    Howdy Steve,

    The "point" some of us have tried repeatedly to make is that there seems to be some kind of psychosis peculiar to those who live in Oregon to invest themselves in matters concerning the PRoW of which they know nothing or very little about and that do not in any way affect their lives.

    I dare say many folks from Oregon have postulated on the so called wild sky wilderness area but in fact don't have a fucking clue what the area really is, how it has been managed in the past and the ruse that was used to create it. The same can be said of the NOVA funds, this is an issue that many of us "locals" have been concerned with and have fought to have righted for a very long time. If you care to be an asset to the discussion please bring something worth while to it, to do anything less is to simply play the part of a troll.

    Throw another log on the fire and pass the jug. :deal
    #18
  19. woodsrider-boyd

    woodsrider-boyd Wow, these guys are fast

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    <edited out="" my="" previous="" comments=""><edited previously posted counter productive comments>

    Please do not read nor comment on these type of threads that you have judged to be inappropriate. Obviously many others here do not share your views and see value in these type of threads being in this forum.

    Your comments are not constructive, and in fact are counter-productive.

    Thank you.</edited>
    #19
  20. guns_equal_freedom

    guns_equal_freedom Long timer

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    I looked in on a couple of the other regional forums, I saw threads about the shooting at Sandy Hook and I saw threads about trail closures and legal issues in state and national forests.
    #20