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I am on the board of a non profit rafting organization. The…

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Hi I am on...

Hi I am on the board of a non profit rafting organization. The County is going to revise the River Management Plan (RMP), which has a permit included that my organization uses to access the river. There are 10 organizations included in the Plan created over 20 years ago and we use an "Institutional Permit" defined in the RMP. The county met with us Friday last week and informed us they are removing all reference to the INstitutional Permits from the plan and are going to require us to move to a commercial outfitter permit. They will ask the Board of Supervisors to vote on this in a week and a half from now. The County did a study three years ago on revising the plan but the consultant they hired did not include any input from the 10 Institutional organizations. The consultant also at one point dropped out due to personal reasons, so we were surprised to see that he eventually submitted a document. The Institutional groups feel that the study is biased in that it included all other stakeholders (who were interviewed by the consultant) but he did not interview any of our groups. The county is using his recommendation as a reason dissolve the Institutional Permits. The question is do we have a case against the county for 1) lack of due process. Since we are non profit legacy groups who have been rafting under the Institutional Permits for over 20 years, and we are not commercial outfitters we feel that the Counties decision could cause our organizations to close. Could we make a case that we have not been given due process? The County has a agreed to include in the reivsion of the RMP that they will give us three years to transition to a Commercial Permit, but this does not change the fact that we are not for profit commercial outfitters and the action on the part of the County could still cause us to close. 2) Biased report. Could we make a case that the study conducted by a consultant hired by the county that did include input from the Institutional groups but recommended the dissolution of our permit in the RMP was biased and unfair. Could we ask the county to have a new study done that includes the groups? 3) the county is claiming that the current Institutional Permits in the RMP are not in parity with best practices of other rivers but they have not provided evidence that would support this. Also their actions, moving our groups who in most cases run our river trips at a loss and do not make profit, to commercial permits is actually also not in parity with other rivers best practices? And in which case is not the right action for the county to take?

Lawyer's Assistant: Can you tell me where the nonprofit is registered?

We are registered in San Francisco, cA

Lawyer's Assistant: Has anything been filed or reported?

No we are preparing a letter which 6 of the groups will sign. But since we just learned of the Counties intentions on Friday we have not had time to file or report anything. Should we?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The County is not the county we are registered in and the River Management plan (RMP) is based on river access and land use, since the river is for public use and cannot be owned by any one entitiy

Submitted: 11 months ago.Category: Legal
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9/17/2017
Lawyer: Gerald, Esq, Lawyer replied 11 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,462
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Customer reply replied 11 months ago
great thank you
Lawyer: Gerald, Esq, Lawyer replied 11 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You have several challenges to the changes that you describe.

1) Procedural due process. That is the County is taking property from you without the opportunity to be heard.

2) Substantive due process. The County is taking property from you that you have a right to. They may be obligated to grandfather your use of the existing permit.

During your challenge to the County's action you will seek a temporary and permanent injunction. You will raise the issues that you had no notice and that the study was biased and flawed.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Lawyer: Gerald, Esq, Lawyer replied 11 months ago

Since you are non-profit organizations you will need to hire an attorney to assist you with this. Artificial persons can not represent themselves. BUT by joining together you should be able to bring the costs down.

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