Lawsuit over OHV regulations dismissed

Judge Don M. Torgerson ended a two-year legal dispute over Grand County and the City of Moab’s noise ordinances for off-highway vehicles on November 22, dismissing the final claim in a lawsuit filed by the BlueRibbon Coalition and several local OHV businesses

Filed in 2022, the lawsuit initially included 12 claims, alleging the ordinances caused financial harm to OHV businesses and violated their constitutional rights. In April, the court dismissed 11 claims, finding they were either unsupported by evidence or preempted by state law.

The remaining claim challenged the ordinances’ noise limits, which cap vehicle noise at 92 decibels during the day and impose stricter limits at night. Plaintiffs argued the limits were unfair and sought $1 million in damages.

Judge Torgerson dismissed the final claim, stating that the plaintiffs lacked legal standing. This means that none of the plaintiffs demonstrated a clear injury resulting from the ordinances.

“No plaintiff has suffered a distinct and palpable injury here,” the ruling stated, adding that local OHV businesses had received certifications confirming compliance with the noise limits.

The judge further ruled that the plaintiffs did not provide examples of someone being penalized under the ordinance and that the BlueRibbon Coalition failed to identify specific members affected by the ordinances, further weakening the case.

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