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More great news out of Arizona!

Colorado 14ers access and fee issues only, please
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More great news out of Arizona!

Postby D8S » Sat Oct 16, 2010 11:04 am

The Forest Service has decided not to appeal the dismissal of the charges against an Arizona man who went hiking in the Arizona wilderness without paying an amenity fee.

http://azdailysun.com/news/local/article_e919291d-b892-556b-8d28-6cfaffaa445b.html

That makes the decision final. Exactly what it means remains to be seen, but its certainly a step in the right direction.

Dave

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Re: More great news out of Arizona!

Postby Mark A Steiner » Sat Oct 16, 2010 5:34 pm

Indeed it is, Dave - certainly and particulary if you are familiar with Coconino National Forest. Thanks.
Not that I speak in respect of want: for I have learned, in whatever state I am, therewith to be content - Paul the Apostle.
Good day.

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Re: More great news out of Arizona!

Postby MUni Rider » Sun Oct 17, 2010 1:08 am

So how does this ruling effect our Mt. Evans fiasco?
"It is not the critic who counts, not the man who points out how the strong man stumbled, or where the doer of deeds could have done better. The credit belongs to the man who is actually in the arena; whose face is marred by the dust and sweat and blood; who strives valiantly; who errs and comes short again and again; who knows the great enthusiasms, the great devotions and spends himself in a worthy course; who at the best, knows in the end the triumph of high achievement, and who, at worst, if he fails, at least fails while daring greatly; so that his place shall never be with those cold and timid souls who know neither victory or defeat." (Theodore Roosevelt)

"Wilderness is not a luxury but a necessity of the human spirit." (Edward Abbey)

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Re: More great news out of Arizona!

Postby ClimbandMine » Sun Oct 17, 2010 9:31 am

Great news, Dave!

Keep up the good work.
I don't care that you Tele.

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Re: More great news out of Arizona!

Postby D8S » Fri Oct 22, 2010 8:54 am

MUni wrote:

So how does this ruling effect our Mt. Evans fiasco?


With Evans free of fees for the season, the best answer is to wait and see. In the meantime, check out this article.

http://www.newwest.net/topic/article/forest_service_moves_to_intimidation_to_collect_more_entrance_fees/C146/L41/

Thanks Climb and Mine. But I really wish you cared that I tele! \:D/

Dave

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Re: More great news out of Arizona!

Postby edhaman » Fri Oct 22, 2010 10:40 am

It does not appear that the recent Arizona court decision has an impact on Mt. Evans. The court decisions in the Evans and Lemmon cases involved federal HIRAs that are accessed by a single road. Those judges concluded that if the specified amenities are available ANYWHERE within the HIRA, then a fee can be charged to enter the HIRA on a single road. The court in the Red Rocks case distinquished between Red Rocks and Lemmon (and, in effect, Evans since it had the same situation), by saying that Red Rocks is a large area with more than a single road access point. So the judge in the Red Rocks case found a way to say that the FS can't charge in Red Rocks, without saying the court in Lemmon was wrong. Personally, I think the judges in Evans and Lemmon are wrong, but unfortunately I have no power to reverse them.

Bottom line: I would not try to get out of paying the fee on Evans based on the Red Rocks case. We'll have to wait and see what happens with the Evans and Lemmon appeals. It wouldn't hurt for everyone to write the White House and his or her Senator and Congressional representative.

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