Coyote Canyon ....... Anyone know whats up?

[Mescalero 0]

I copied this from the SDORC site and am curious as to whats going on out there.

Last time I was out there was in 1993 and it was an awesome area. I have been planning on riding it this winter with my plated 650R and just came upon this.......

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EcoLogic Partners, Inc. Files Suit Against State Parks Over Closure of Coyote Canyon Road

Escondido, CA (December 16, 2005) - On Wednesday, November 16, 2005, EcoLogic Partners, Inc., a non-profit corporation that involves itself in controversial land use matters in the western United States, filed suit in San Diego County Superior Court against the California Department of Parks and Recreation (“State Parks”), alleging that State Parks illegally closed a 3.1-mile segment of Coyote Canyon to motorized vehicles, and that the closure constitutes a continuing public nuisance that must be abated.

The complaint, which also lists two individuals, Jim Arbogast and Wayne Todd, as plaintiffs, indicates that Coyote Canyon was first used as a road in 1775, when Captain Juan Bautista de Anza led an expedition through the canyon on his way from Sonora, Mexico to San Francisco, California (Norte Mexico). In fact, Coyote Canyon is part of the federally-designated Juan Bautista de Anza historic trail. It also happens to lie within the Anza-Borrego Desert State Park.

Public use of Coyote Canyon Road has been near-constant since de Anza’s original journey. During the 19th and 20th centuries the road was used by pioneers and homesteaders, miners, farmers, ranchers, tourists, and desert residents traveling between Borrego Springs in the south to towns such as Anza in the north. The road was also popular with 4-Wheel drive vehicle enthusiasts. According to the complaint, such public use was sufficient to establish Coyote Canyon as a public road.

Vehicle use of the road, however, came to a halt in 1995, when State Parks adopted a new Public Use Plan for Coyote Canyon which called for the closure of the 3.1-mile middle section to protect natural resources. Since that time, both the north and south entrances to the middle section have been gated and fenced.

According to the complaint, however, these obstructions violate California Civil Code section 3479, which forbids anyone from blocking a public road. The complaint acknowledges that some public agencies – namely Caltrans, counties, and cities – have the authority to close public roads, but that State Parks is not among them. Moreover, even those agencies that hold the power to close roads may do so only in limited circumstances, such as when the road must be repaired or no longer serves the public. No agency has the right to close a public road for purposes of natural resource protection, as State Parks did in 1995 when it fenced in Coyote Canyon.

The complaint does not seek monetary damages, but instead asks that the Court direct State Parks to abate the public nuisance by removing the gates, fencing, and other obstructions and thereby reopening the road.

Although the road is located entirely within the Anza-Borrego Desert State Park, the underlying jurisdiction over the road rests with the County of Riverside and the County of San Diego. For this reason, both counties have been named as Real Parties in Interest in the litigation.

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Whats the scoop? Any progress in this suit?

I want to ride it .

[Guest]

I copied this from the SDORC site and am curious as to whats going on out there.

Last time I was out there was in 1993 and it was an awesome area. I have been planning on riding it this winter with my plated 650R and just came upon this.......

*****************************************************************************************

Whats the scoop? Any progress in this suit?

I want to ride it .

That is old news. It's still closed. Another reason everyone should be a member of SDORC and CORVA, because they keep you informed in their newsletters about what's going on with these issues. And your money goes to help fund lawsuits like this, keep the attorney on our side working, and fight lawsuits against land closures.

The environmental groups have over 50 full time attorneys working to close land, while the off-road groups only have the money to pay for ONE full time attorney.......pretty sad.

Statistics say only about 6% of off-roaders are members of any off-road groups or contribute dollars to help support their cause........that's even sadder.

If only 50% of all off-roaders / people who recreate on public lands supported the groups and actually wrote letters and did some volunteering, we would have some REAL CLOUT in fighting these issues !!

[Mescalero 0]

I copied this from the SDORC site and am curious as to whats going on out there.

Last time I was out there was in 1993 and it was an awesome area. I have been planning on riding it this winter with my plated 650R and just came upon this.......

*****************************************************************************************

Whats the scoop? Any progress in this suit?

I want to ride it .

That is old news. It's still closed. Another reason everyone should be a member of SDORC and CORVA, because they keep you informed in their newsletters about what's going on with these issues. And your money goes to help fund lawsuits like this, keep the attorney on our side working, and fight lawsuits against land closures.

The environmental groups have over 50 full time attorneys working to close land, while the off-road groups only have the money to pay for ONE full time attorney.......pretty sad.

Statistics say only about 6% of off-roaders are members of any off-road groups or contribute dollars to help support their cause........that's even sadder.

If only 50% of all off-roaders / people who recreate on public lands supported the groups and actually wrote letters and did some volunteering, we would have some REAL CLOUT in fighting these issues !!

I hear ya.

last week at the LABV banquet they had 2nd chance raffles for $1 a ticket. I found out the $ was going 100% towards legal funds and I threw down $100. Their eyes bugged when I told them I wanted 100 tickets. They all felt sorry for me afterwards when I didn't win anything......... I laughed and said it was for the cause, not a prize. I also read every petition carefully and sign them ...... then pass them on to sites like this for more publicity. Power is in numbers.

Too bad about Coyote Canyon. Its a special place.