Brandon Rhineharts response to the state

[Oakview2]

Haven't read all yet, but looks good so far. You may have to register to read.The New 49'ers :: Members Forum :: Brandon's Reply on federal preemption!

 

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[UncleMatt]

He makes an awesome case!

 

[russau]

28 page response. i wanted to print it out but my computor keeps locking up. this response could be of some help for other people that maybe caught up in their own hassel with the man!

 

[Oakview2]

A win in this case could save the west.

 

[mellowyellow]

Good read thanks!

 

[Fullpan]

All those legal terms just may be xmas bells ringing in my ears !! Has the actual court date been set ?

 

[dredgeman]

The appeals court case is ongoing with replies and responses from both sides. There will probably be a date only for oral arguments if needed. Then a decision will be issued

 

[Bnugget]

Thanks Oakview2 for posting this link. The court has not yet given us a date for the hearing that I am aware of, the State was asking us to request that the courts expedite my case so there would be a decision before the cases in San Bernardino since my case clears up a lot of questions in those cases.

Brandon

 

[Clay Diggins]

Finally a reasonable defense based on the basics of mining law! This has a much better chance to get dredging back in California than the mish mash of "takings" and recreational BS in the PLP/49ers nightmare suit.

I saw a few weak points in the response but the State's case is very wimpy here. It's looking much better for dredging next season. Just be aware that California has been known to pursue bogus legal theories all the way to the Supreme Court.

 

[MinerFortyNiner1952]

While I remain hopeful that we will be able to dredge again, it wouldn't surprise me if common sense doesn't prevail and we are left wondering what the heck happened.

Or we could win and the state could arbitrarily jack up the price of permits tenfold or even hundredfold to cover 'administrative' costs.

 

[Oakview2]

Thanks Oakview2 for posting this link. The court has not yet given us a date for the hearing that I am aware of, the State was asking us to request that the courts expedite my case so there would be a decision before the cases in San Bernardino since my case clears up a lot of questions in those cases.

Brandon

Please post a link where folks can donate to your legal case. This is the single most important fight we are facing IMHO......

 

[mxer47]

That hurt my brain. Nicely done.

 

[B H Prospector]

1952,
The state can't jack up the price ten fold, In Brandons response it states that the law says that the permits that are allowed to be charged must be reasonable and not a burden.

Good luck Brandon! You are fighting a great fight for us all. Your response was well laid out and shows just how dishonest the state of californication is. This will be good for Origon as well.

BH Propspector

 

[Fullpan]

My cat's Xmas present will have to wait another year - just sent 15.00 bucks to Brandon's atty. Sorry "callie"

 

[Oakview2]

Fullpan

I have been trying to sent PLP something each month, but will match your pledge to Brandons attorney, as this is the correct legal challenge and most likely has the best chance to save the west. I spent a lot of time reading the briefs last night, and we are on firm legal ground and that if this case is not won, then the state has fixed all courts in the favor of these lefties and all is lost unless we can come up with the resources to get this to a federal court.

 

[UncleMatt]

States that decide they can ignore Federal laws exist on both sides of the political aisle, and those states always lose in the end. I predict, in the end, that dredgers will prevail in CA.

 

[Oakview2]

You can prevail if you can survive the state court system. The state and the green nazis have over the past 4 1/2 years exhausted the financial resources of the small miner.

 

[UncleMatt]

Very true! What is the exact donation point for miners/dredgers for this legal case in CA? I have some extra cash I can send them.

 

[Oakview2]

You can send any amount, and all will greatly appreciated. I have read that this is a real financial hardship to Brandon, but his credit, he has sucked it up for all of us, and has taken on extra work to defer the mounting legal burden

 

[UncleMatt]

I need an address :-)