By Brenda Starkey
Chronicle correspondent

     A judge has issued a preliminary injunction prohibiting the implementation of Ferry County's off-highway vehicle ordinances until further order by the court.
     The decision by Judge Michael Price came several days after a telephonic hearing in Ferry County Superior Court and halts both the December ordinance and an amended measure passed by county commissioners June 6.
     The hearing came after a June 6 hearing in a lawsuit filed by the Quiet Communities Coalition against Ferry County and each of the county commissioners. The suit challenges legality of the original ordinance, which designated 54 county roads as OHV routes.
     The amended ordinance was approved by a unanimous vote of county commissioners June 6, hours before the court hearing.
     The judge and QCC's attorney received a copy of the amended ordinance moments before the hearing, according to a QCC statement.
     The suit contends that roads specified in the ordinance do not meet the criteria set forth in state law and that the ordinance does not comply with the State Environmental Policy Act, according to court documents.
     In the decision handed down June 11, Price said, "The defendants (Ferry County) shall be prohibited from implementation of ordinance 2007-22 and 2008-06 pending further order of this court."
     Attorney Steve Graham, who is representing the county in the case, said he is filing a motion for consideration.
     "We’re going to provide the judge with more information on the new ordinance and we expect him to change his mind, at least in part," Graham said.
     QCC describes itself as a "broad-based alliance of Ferry County residents, private property owners and business proprietors" that was formed in January.
     "Quiet Communities Coalition is not an anti-OHV group," according to a coalition statement issued June 11. "QCC supports a county ordinance regulating the use of OHVs but only one that complies with state laws. Quiet Communities Coalition supports designated areas for OHV recreation. QCC seeks legal and responsible OHV use, commensurate with the rural needs and setting of Ferry County."
     The lawsuit has yet to come to trial in Ferry County Superior Court. Price was assigned to hear the case after one Ferry County Superior Court judge recused and the county filed an affidavit of prejudice against the other, according to the QCC statement.
     The suit eventually will come to trial, but it isn't known if that will be a jury trial, court sources said.
     The amended ordinance is slightly different than one circulated prior to a one-hour public hearing June 6 that left critics of the measure complaining that the commissioners' office had been closed most of the week.
     The closure came because one commissioners' staff member was out of town for training, another had been transferred to another department and a third, who submitted her resignation June 2, was given uninterrupted work time to finish projects, according to commissioners.
     Roads listed as OHV facilities in the earlier draft were listed as OHV parking areas in the final draft.
     Other OHV facilities listed include all U.S. Forest Service-designated OHV routes and the Stotts RV Park on Vulcan Mountain Road in Curlew.
     In a separate notice issued May 22, Ferry County indicated that a SEPA application with optional determination of non-significance for a new county ordinance had been made May 15, according to the QCC statement.
     A draft ordinance is always a living document subject to change until it is adopted, said commissioner Mike Blankenship.
     There was standing room only for June 6 public hearing, with about 95 people signing attendance sheets. Under state law, people are not required to sign in at public meetings.
     Those who spoke included both supporters and opponents of the measure.
     "People in there were telling us they're disappointed in us, and it's the same people who are suing us," commissioner Brad Miller said after the meeting. "We're disappointed in them, too."
     The court hearing was held telephonically with Graham, prosecutor Mike Sandona and Miller in the Ferry County Superior Courtroom. Judge Price and Quiet Communities Coalition attorney Andrew Salter were in Spokane.
     More than 20 spectators were on hand in Republic.
     Even in the newly passed ordinance, roads specified as OHV routes do not connect to the City of Republic, Salter argued.
     Commissioners didn't give the public time to review the new ordinance and after one hour of limited public testimony passed the new ordinance, he argued.
     QCC's vision of what the county should look like isn't the same as that of the county commissioners, Graham argued.
     A lot of people at the morning hearing opposed the ordinance, but Graham told the judge he believed an equal number were for it.
     There is a heavy burden on the court to strike down a measure enacted by the elected county commissioners, he said.
     A determination of environmental non-significance was received on the amended ordinance, Graham argued.
     The ordinance allows OHVs to go on roads where logging trucks and pickup trucks can go, Graham said.
     "How does an ATV barely bigger than a bicycle threaten more harm?" he asked.
     The law does not require maintaining a quiet, serene area, he pointed out. It allows for development, he said.
     He also argued against allowing a letter written by former county engineer Keith Muggoch as evidence because there was no statement by Muggoch saying he understands the laws of perjury and declares the letter to be the truth.