Since October 2004, Riverside County, California has been embroiled with property owners, including Jeremy McGrath, over operation of OHVs on private property. McGrath has joined with the American Motorcyclist Association and the Off-Road Business Association (ORBA), to support the rights of OHV riders who own private property in the County to utilize their property in a lawful fashion without being harassed by the extreme view of some residents that OHVs should be prohibited completely.
After multiple hearings before the County Planning Commission, and re-drafts of a proposed OHV Ordinance, the off road community has moved closer to achieving its goals. As a result of opposition from McGrath and others, the Planning Commission has directed that the OHV Ordinance be re-drafted to eliminate unreasonable restrictions and impediments to property use by OHV owners. "Although we haven't seen the latest revision, we are optimistic that the Planning Commission is finally headed in the right direction," said McGrath's attorney Bill Kuenzinger.
McGrath got another boost on Thursday September 29, 2005, when Riverside County Superior Court Judge Eric Michael Kaiser denied requests for a temporary restraining order and preliminary injunction that would have prohibited McGrath from operating any OHV's on his 98 acre ranch in the Aguanga area of Riverside County.
The injunction was sought by a group of OHV opponents calling themselves "Rural Communities United" who claimed McGrath's riding and grading activities on his property constituted a nuisance and posed immediate danger to the environment. The Court held there was no basis for granting the injunction, noting that the McGrath property had been utilized for OHV recreational use for decades.
"We are obviously pleased that the Court refused to grant the injunction," said Brett Jolley, one of the attorneys representing McGrath in the litigation. "We've always taken the position that Mr. McGrath has done the right thing in using his property, and will continue to do the right thing."
"I'm thankful the Court denied the injunction," explained McGrath, "This is certainly a property rights issue as we've shown by our position on the proposed OHV Ordinance. As I've said before though, I'll continue to abide by the law and do my best to be a good neighbor."
The Planning Commission has scheduled further hearings on the proposed OHV Ordinance on October 26, 2005. The Court scheduled a hearing on Rural Communities' additional claims for May 2006.