Legal Complaint filed against the Colorado Board of Parks and Outdoor Recreation

August 13, 2010

District Court Denver County, Colorado
1437 Bannock Street, Room 256
Denver, Colorado 80202

Plaintiff(s):
Colorado Off-Highway Vehicle Coalition, a Colorado
nonprofit corporation; Lyle Borders; Jennifer L. Dent;Western Slope ATV Association, a Colorado nonprofit corporation; Trails Preservation Alliance, a Colorado nonprofit corporation; Mile-Hi Jeep Club of Colorado, a Colorado not-for-profit corporation; Timberline Trailriders, Inc., a Colorado nonprofit corporation; Thunder Mountain Wheelers, a Colorado nonprofit corporation; Colorado Motorcycle Trail Riders Association, Inc., a Colorado nonprofit corporation; San Juan Trail Riders, a Colorado nonprofit corporation
v.
Defendant( s):
Colorado Board of Parks and Outdoor Recreation

 

Plaintiffs, The Colorado Off-Highway Vehicle  Coalition (“COHVCO”), Lyle Borders, Jennifer L. Dent, Western Slope ATV Association (“WSATVA”), Trails Preservation Alliance (“TPA”), The Mile-Hi Jeep Club of Colorado (“MHJC”), Timberline Trailriders, Inc. (“TTl”), Thunder Mountain Wheelers (“TMW”), Colorado Motorcycle Trail Riders Association, Inc. (“CMTRA”), and San Juan Trail Riders (“SJTR”), by and through their attorneys, Trout, Raley, Montano, Witwer & Freeman, P.C., hereby state and allege:

I. INTRODUCTION
1. Plaintiffs challenge two recent actions by the Defendant Colorado Board of Parks and Outdoor Recreation (the “Board”) that radically alter the award of grants under the Colorado Off-Highway Vehicle Recreation Fund, C.R.S. § 33-14.5-106 (“Recreation Fund”).

Meeting in secret, Board members changed the process for reviewing Recreation Fund grant applications, and directed that Recreation Fund grant monies be divetled for non-recreational purposes well beyond those prescribed by the General Assembly.

Without prompt judicial intervention, the Board’s actions threaten to slash recreation oppotlunities for the owners of over 120,000 off-highway vehicles who pay into the Recreation Fund each year.

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