Judge Parker Dismisses NMOHVA's Lawsuit Against the Santa Fe National Forest(Updated: 01/04/2017)
District Court Judge James A Parker dismissed NMOHVA's 2nd lawsuit challenging the Santa Fe National Forest's 2012 Travel Management decision. Judge Parker gratned the motion filed by the Department of Justice (representing the Forest Service). The DOJ had filed a motion to dismiss the lawsuit on the grounds "issue preclusion". Issue preclusion is the legal doctrine that that prevents a party from re-litigating a lawsuit, in most instances, once it has been decided in a previous case. The 10th Circuit Court of Appeals had dismissed the previous case "without prejudice". NMOHVA and its legal team contend that "without prejudice" specifically allows the case to be re-filed.
Still, and once again, we believe that we have the right to have our case heard in court and disagree emphatically with Judge Parker's decision. NMOHVA's Board of Directors have agreed with Budd-Falen Law Office's recommendation to appeal this latest decision to the 10th Circuit Court of Appeals. After all, it was their decision and dismissal "without prejudice" that started this current round of legal activity.
Read the actual court documents:
Department of Justice Motion to Dismiss - Federal Respondents' Motion to Dismiss.pdf
NMOHVA's Response to Motion - NMOHVA Response to Fed Respondents' Motion to Dismiss.pdf
Judge Parker's Ruling - SFNF TMP Dismissal.pdf