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Motion for Rehearing filed in Hunter's Creek Bike Ban Case |
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Written by Administrator
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Sunday, 08 December 2002 |
A motion for rehearing was filed on December 2, 2002, asking the court to reconsider the decision and judgment rendered October 31, 2002. Among the arguments presented are the following:
- The Court’s Decision Misstates the Law
- Cyclists Are Not Required to Walk Their Bikes
- The Signs Are the Problem; the Ordinance is Ancillary
- Public Safety Is Involved
- Fundamental and Constitutional Rights Are Involved
- The Decision Does Not Apply the Correct Standard of Review
- The Court Rejected the Presumption of the Truth of Jurisdictional Facts
to Which Pleader Is Entitled, Substituting Its Own (Erroneous) Findings of
Fact
- The Court’s Decision Fails to Consider the Possibility that the Pleadings
Could Have Been Amended to Allege Sufficient Jurisdictional Facts
- The Decision Ignores Appellants’ Requested Relief for the Removal of the
Bike Ban Signs
- Cyclists Qualify for a Morales-Type Challenge
To learn more, read the full document (300 kB pdf) here.
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