Legal Case Update

Hello supporters of Ace 4 Safe Trails!

It has been a while since our last report about the lawsuit against State Parks over their dangerous 2023 Road and Trails Management Plan, so there is lots of new information here:

The lawsuit filed in Feb 2023 against State Parks by attorney Don Mooney on behalf of Ace 4 Safe Trails was finally heard in Sacramento County Superior Court by Judge Stephen Acquisto on November 15, 2024. A few days later Judge Acquisto ruled against our petition (lawsuit). It is important to note that in his ruling against Ace 4 Safe Trails he relied heavily on State Park’s promise that it will follow its documented, tiered PEIR processes and upon State Parks fulfilling its legal obligation to conduct the required EIR studies before any trail Change In Use (CIUs) are implemented.

Equally important to know is that during the hearing, after Don Mooney’s rebuttal to State Park’s attorney, Judge Acquisto showed visible hesitancy and concern about State Park’s claim that it will faithfully follow its “Standard Practices” which requires them to conduct 2nd tier EIR studies at the trail CIU level. Deputy AG Walker (State Park’s attorney) responded by expressing his indignation and said he “resented any suggestion of impropriety by State Parks in carrying out its required planning process”.

FACT: We all know that State Parks has lied to and misled the public in its meetings and in the official planning documents it submitted as part of the required CEQA process. Don Mooney noticed the Judge’s hesitancy, but explained to Ace the law requires a judge to give the benefit of the doubt to a governmental agency charged with following legally required processes.

After the Court’s ruling against Ace 4 Safe Trails, the Board Members discussed whether or not to appeal our case. Based on how close the decision appeared to be in Judge Acquisto’s ruling, and with Don Mooney commenting that he thought we would have about a 60% chance of prevailing at the 3rd District Appeals Court, (where 3 judges decide, not just 1), on Jan 8, 2025 Ace 4 Safe Trails decided to move forward with the appeal.

We recognize that State Parks used misleading tactics and shenanigans during the public meetings and the filing of official documents which preceded the approval of the Road and Trail Management Plan, as well as statements made to the Court. Don Mooney has taken what he learned from the Superior Court proceedings and he has accordingly modified his Opening Brief arguments filed on July 29th with the 3rd District Court. We do not yet have a hearing date set by the 3rd District Court, but it should be in the next 4 to 6 months.

During the past 8 months Don Mooney has been diligently working on this appeal and Ace 4 Safe Trails legal expenses have been accumulating. While Ace has received and is very grateful for generous donations from groups and individuals in the past year, our legal expenses are quickly consuming our available funds.

Ace 4 Safe Trails has come so very far in just a few years, please help us bring this fight to a successful conclusion and help us achieve our common goal of safe trails for all users! We are on the brink of having the Court ordering State Parks to change its ill-conceived Road and Trail Management Plan and preventing State Parks from adding speeding bikes to single track hiking/equestrian trails. We need your help to finish the job and to keep park trails safe!

Please send your tax deductible donations to Ace 4 Safe Trails through this ‘donate’ button below:

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Thank you!
Ace 4 Safe Trails Board