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Civil Llbertl@S BefenSe Center <br />Lauren Began, Attorney & Executive Director <br />259 East 51h Avenue, Smite 300 -A <br />Eugene, erode■ 91401 <br />[5411601 -9180 Tel <br />[5411686 -2131 Fox <br />Email: Ireee■oc10e.er0 <br />December 5, 2011 <br />Parks & Open Space Division Director <br />1820 Roosevelt Blvd. <br />Eugene, OR 97402 <br />Re: City v. Justin C. Martin, #100706 -0013; 11- 21116, Request for Hearing, Motion to <br />Dismiss <br />Dear Division Director: <br />Please be advised that the Civil Liberties Defense Center and attorney Lauren Regan represent Mr. <br />Justin Martin regarding the attached "Notice of Restriction of Use." On Mr. Martin's behalf, we hereby <br />request a contested case hearing pursuant to POS R- 1.074. Mr. Martin waives the 72 -hour <br />requirement for the hearing due to his attorney's schedule. <br />In addition, Mr. Martin hereby Motions the Director to immediately vacate and /or dismiss this Notice of <br />Restriction of Use based upon the failure of the officer to complete the notice in an adequate manner. <br />The Notice fails to state which section, if any, of the Park and Open Space Rules or Eugene Code he <br />allegedly violated, and fails to state the basis, if any, for this violation. Due Process rules require that <br />a person be provided with sufficient notice of the basis to which he has been excluded from public <br />property. The gross omissions in this Notice require that this restriction of use be immediately <br />vacated as to Mr. Martin. <br />Please vacate this restriction of use, or in the alternative, contact our office to schedule the contested <br />case hearing at your earliest convenience. Thank you for your attention to this matter. <br />Sin <br />Atlorney & D#ector <br />Civil Liberties Defense Center <br />Cc: client <br />Encl: copy of Notice of Restriction of Use <br />