Date: Tuesday March 20, 2018 @ 10:30am
Location: Monroe County Courthouse before Judge Irons
Excerpt: To be sure, if Defendants John Doe 1 -5 as a practical matter blocked MVP ‘s cutting of trees between MP 196.29 and MP 196.39, it was ILLEGAL activity of MVP that was expressly barred by documents submitted by MVP’s counsel.
16. On page 1 of Exhibit 4, in the second column, under the heading “Location,” BLM recited the following:
This NTP applies only to federal lands located within the following mileage ranges:
USDA Forest Service: George Washington ad Jefferson National Forests
Mile Post Approved for Tree Clearing
196.26 – 196.29 — Clearing
196.29 – 196.39 – No clearing ANST Bore
196.39 – 198.45 – Clearing
Exhibit 4 (highlighting in yellow added, bold in original)
17. Recall the MVP witness Ralph Wright placed the alleged tree sitters at 50 to 75 yards northwest of the Appalachian Trail, in his view, clearly within the State of West Virginia.
18. This Court may take judicial notice that a mile consists of 1,760 yards, and that one tenth of a mile equals 176 yards.
19. The cartographic aid submitted herewith has been prepared by Daniel Shaffer, a cartographic expert (see Affirmation attached) employed by Defendant, and depicts mile posts 196.3 and 196.4. Critically, it also designates the portions of the MVP right of way – from MP 196.29 to MP 196.39 – in which no tree cutting was authorized. Germane to this Court’s outstanding query is the unambiguous fact hat the NO CUT AREA defined in Exhibit 4, the BLM Notice to Proceed, area extends 76.6 yards northwest of the Appalachian Trail.
20. MP 196.29 location at a distance of 76.6 yards encompasses within the BLM NO CUT ZONE the area, 75 yards at a maximum, northwest of the Appalachian Trail at which MVP witness Ralph Wright testified defendants occupied trees.
21. The Defendants identified only as John Does 1 – 5, if in fact tree-sitting, were clearly with in the BLM-defined “NO CUT ZONE” and, consequently, expressly carved out of the BLM Notice to Proceed issued to MVP.
22. It is, therefore, beyond cavil that Defendants John Doe 1 -5 — even if fully ensconced in the trees located 75 yards northwest of the Appalachian Trail — were in no way interfering, obstructing or otherwise illegally barring legal activity by MVP.
23. To be sure, if Defendants John Doe 1 -5 as a practical matter blocked MVP ‘s cutting of trees between MP 196.29 and MP 196.39, it was ILLEGAL activity of MVP that was expressly barred by documents submitted by MVP’s counsel.
WHEREFORE, Defendant Connolly respectfully submits that no injunction should issue in this matter, based upon the matters of record.
DEFENDANT LUCA CONNOLLY