Motion for Rehearing filed in Hunter's Creek Bike Ban Case
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