Dear Aptos Neighbor,

As you may be aware, our group, Citizens for the Preservation of the Forest of Nisene Marks State Park has filed a lawsuit against State Parks and the State Park Commission. The lawsuit is based on the inadequate and flawed General Plan that State Parks recently adopted for the future management of the Forest of Nisene Marks State Park. We are asking for your help in this effort to protect the Forest of Nisene Marks State Park.

The lawsuit addresses the following: State Parks' violation of the California Environment Quality Act (CEQA) by deferring impacts analysis till after the development of a trail plan; a lack of biologic inventories to identify plants, animals and erosion-prone areas in need of special status protection; a lack of mitigation measures for conflicts associated with mountain bike use; failure to address damage incurred by illegal mountain bike use.

The lawsuit also addresses the State's violation of the terms of the Marks' grant deed and its "natural preserve" designation. State Parks has created a General Plan that ignores the deed's stated intent to preserve the park for activities respectful of its natural surroundings such as "camping, nature study, and hiking." Instead, State Parks is proposing to manage the deeded portion of the park, not as a "natural preserve," but as a recreation area where trails will be accessed by mountain bikes. These are trails that have been open only to pedestrian traffic for more than 40 years.

Though we have received some very generous, donated work on our behalf, there are many court and research costs involved in a lawsuit which amount to more than our small group can afford. The purpose of this letter is not only to advise you of legal action taken against State Parks, but also to ask for your financial contribution to help us pursue a legal outcome that will protect the Forest of Nisene Marks State Park for the future. With your help we can win this legal battle and preserve the serenity of Nisene Marks in the manner intended by the generosity of the Marks Family.

Please send your donation to the law offices of: Wittwer & Parkin, LLP, 147 South River Street, Suite 221, Santa Cruz, CA 95060 or to Citizens4FNMSP, P.O. Box 3456, Santa Cruz, CA 95063-3456. Make sure to write on your check that the donation is to go to toward the Nisene Marks State Park lawsuit.

Thanks so much for your generosity.

Sincerely, Sandy Henn & Rich Apple,
for Citizens for the Preservation of the Forest of Nisene Marks State Park


Page Created: January 29, 2004— Last Update: January 29, 2004— maintained by richapple.com
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Email me: Rich Apple