Hearing - Fourth District Court

Decision 2/3/2012 Message from Gary Segers-- Today Judge Cheri Copsey issued her ruling on our lawsuit to stop the Garden City bike ban.  She ruled in favor of Garden City saying that the Citizens for an Open Greenbelt (COG) does not have standing. In other words she could not rule on the merits of our case because COG, as an organization, did not suffer a particularized harm which would enable it to bring a lawsuit against Garden City. Unfortunately, this ruling leaves citizens with little recourse to challenge the unjust actions of our elected officials. .  

 Specifically the judge wrote: “The issue is narrow. Until the Court rules on whether the Plaintiff, Citizens for an Open Greenbelt, can meet the requirements to establish standing, the Court cannot address the merits (our emphasis) because standing is fundamental to prosecuting any lawsuit.” She also went on to say “…this does not address the issue of whether Garden City should open the greenbelt to bikes”.

 As we have said in many past emails to you, our attorneys argued for COG on highly technical grounds.  It is common sense to us and COG supporters that the Boise River Greenbelt should be a truly open greenbelt and that public entities cannot unfairly restrict its use as we feel Garden City elected officials have chosen to do.  Even the City of Eagle has expressed that view. But sometimes just simple common sense does not allow citizens the right to challenge the actions of their government. 

 I might add that this community should be deeply indebted to our three attorneys; Greg Adams, Kahle Becker, and David Hammerquist who have devoted a huge amount of time to this case.

 We do have other options available to stop the Garden City bike ban but it will require your continued support.  Clearly one option is putting this matter to the people for a vote.  So this may simply be a battle lost in the larger campaign.   

A huge turnout at the hearing  in December would express our support for the incredible service provided by our three Boise attorneys. I hope everyone realizes the huge amount of time they have devoted to representing the interests of the bike riding community in the Treasure Valley.  All at no cost.   Greg Adams (Richardson and O'Leary), Dave Hammerquist (Ringert Law), and Kahle Becker (Attorney at Law) have unselfishly championed this cause behind the scenes. They deserve recognition and gratitude from all of us.  

Although there will be absolute silence in the courtroom the fact that there are many COG supporters there gave the judge the message that this community cares deeply about this issue.

 Great attendance at the hearing on Dec 15.  The courtroom was packed.  Both sides presented their requests, but the judge decided that she needed additional opinions regarding a disposition of the 1994 Settlement Agreement.