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Motion for Rehearing filed in Hunter's Creek Bike Ban Case PDF Print E-mail
Written by Administrator   
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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