Ferry County Permanently Prohibited from Implementing Off Highway Vehicle Ordinance
On November 20, 2008 Superior Court Judge, Michael P. Price signed and entered a stipulated order granting a permanent injunction in the case between Quiet Communities Coalition and Ferry County Commissioners.
The Order provides that:
- Ferry County Ordinance 2007-22 and Ferry County Ordinance No. 2008-06 violate RCW Ch. 46.09, as at least some of the roads and road segments designated for off-road vehicle or off-highway vehicle use in those Ordinances fail to create direct connections between off-road vehicle recreation areas and cities of less than 3,000 people.
- Ferry County must conduct an Environmental Impact Statement before enacting a new OHV ordinance.
- Ferry County is permanently prohibited from implementing Ferry County Ordinance 2007-22 and Ferry County Ordinance No. 2008-06.
- The Court retains jurisdiction over continuing disputes that may arise between the parties regarding Ferry County’s efforts, if any, to enact and implement ordinances that purport to permit off-road vehicle use or off-highway vehicle use within Ferry County.
Ordinance 2007-22 was enacted in December 2007 to authorize use of Off Highway Vehicles on 54 Ferry County roads. Quiet Communities Coalition challenged the ordinance with a legal complaint based on non-conformance with RCW Ch. 46.09 and failure to comply with the State Environmental Policy Act.
The Commissioners then attempted to correct their errors by enacting a replacement Ordinance, OHV Ordinance 2008-06, in June 2008, on the same day of the Court hearing to challenge the first ordinance. After oral argument, the Court issued a temporary injunction preventing either ordinance from going into effect.
Quiet Communities Coalition is pleased that this court order represents a complete victory on both its claims. QCC will continue to closely monitor Ferry County’s efforts to enact any new OHV ordinance.
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