City files motion to dismiss River View land use case

Riding and working at Riverview property-3

Photo taken in August 2012,
before biking was illegal.
(Photo J. Maus/BikePortland)

The City of Portland says the State Land Use Board of Appeals has no jurisdiction over its decision to prohibit bicycling on trails at River View Natural Area.

In a “motion to dismiss” filed on April 13th (which we obtained through a public records request, PDF here), Chief Deputy City Attorney Kathryn Beaumont argues that Commissioners Amanda Fritz and Nick Fish acted within their “managerial discretion” when they informed the community via a letter on March 2nd that bicycling would no longer be allowed on the 146 acre parcel.

The decision shocked riders and biking advocates. People have been riding the trails at River View for decades. And, following its purchase by the City of Portland in 2011, advocates were working in partnership with the Portland Parks & Recreation and Environmental Services bureaus on a management and trails plan under the assumption that bicycle trails would be allowed. The Northwest Trail Alliance, a Portland-based non-profit that builds, maintains and promotes off-road bike trails, responded by filing a Notice of Intent to Appeal with the State Land Use Board of Appeals on March 23rd.

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