ROMP, Trail Cyclists, and Friends,
If you support trail cycling access in The Forest of Nisene Marks State Park, and support implementation of the new General Plan which has been challenged, please read on.
The objective is to convince the State that there is popular support in the community to defend the General Plan for Nisene Marks (which allows trail cycling) by filing an appeal.
I am asking you to help validate the California Department of Parks and Recreation’s plans to appeal the California State Superior Court decision of Sept. 20. You must act now. The appeal would take place subsequent to Nov. 12.
Please keep mountain biking alive in the Forest of Nisene Marks by taking the time to compose and send a letter of support to our California Department of Parks and Recreation.
Letters must be sent to:
Ruth Coleman
Director
California Department of Parks and Recreation
1416 9th Street
Room 1405
Sacramento, CA. 95814
Copies should go to:
Tom Ward
Manager, Recreation
California Department of Parks and Recreation
1725 23rd St., Suite 200
Sacramento, CA. 95816
Make statements to the effect:
“I support the California Department of Parks and Recreation’s intent to appeal the California Superior Court decision of Case No. 03CS01366 dated of September 20, 2004. I am in favor of the General Plan. I am in favor of mountain biking in the Forest of Nisene Marks State Park.”
(Be sure to include your address information.)
More info:
Court Documents: http://www.mbosc.org/2004/nisene%20docs.pdf
Petition against: http://www.mbosc.org/2004/nisene_petition.pdf
Example letter:
I write with concern regarding The Forest of Nisene Marks State Park (NMSP). Responsible Organized Mountain Pedalers (ROMP), an IMBA affiliate trail cycling advocacy group, hereby proclaims its support of the California Department of Parks and Recreation (the State) and its decision to appeal the decision of Case No. 03CS01366 dated of September 20, 2004.
On behalf of our 400 members in the neighboring counties of Santa Clara and San Mateo, and by extension the thousands of mountain cyclists in these communities, who value and respect the privilege of access to NMSP, we refute the allegations filed against the State by Sandy Henn and the Citizens for the Preservation of Nisene Marks State Park.
We understand that the State will contest the decision by the Honorable Judge Judy Holzer Hersher of the California Superior Court of the State of California with the argument that the original Gift Grant Deed Covenant Restrictions have no legal standing due to subsequent statutes in State Law. ROMP supports this approach. It is a compelling argument and expediently avoids pitfalls inherent in attempting to justify trail cycling as a legitimate activity in NMSP through interpretation of the language in the original grant.
ROMP also states for the record that it also disagrees, as the State also declared in court documents, with the allegations brought to suit by citizen Henn. In particular we hope that the State will effectively refute in the appellate court the allegations that the State did not properly comply with CEQA or provide proper response to the community during the General Planning process.
While the mountain bike community is not completely satisfied with the results of the General Plan, we are pleased with the execution of the process and believe it was fair and balanced. We are eager to participate in its implementation. If there is anything ROMP can do to assist the Santa Cruz District please let me know.
Sincerely,
Paul Nam, President ROMP
