NMOHVA Appeals District Court Decision(Updated: 02/01/2017)
In early January, we reported that District Court Judge James A Parker dismissed NMOHVA's 2nd lawsuit challenging the Santa Fe National Forest's 2012 Travel Management decision.
NMOHVA's legal team has officially started the process of appealing that decision to the 10th Circuit Court of Appeals. The deadline for filing the brief with the court has been set as March 6th, 2017.
It was the 10th Circuit's decision and dismissal of the original lawsuit that started this current round of legal activity. The 10th Circuit dismissed the lawsuit "without prejudice". When a lawsuit is dismissed, the court may enter a judgment against the plaintiff with or without prejudice. When a lawsuit is dismissed without prejudice, it signifies that none of the rights or privileges of the individual involved are considered to be lost or waived.
The recent ruling by the lower court on our lawsuit was dismissed on the grounds of "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.
As you can see, these two rulings appear to be in direct conflict with each other. Now the 10th Circuit will get to tell us what they really meant.