New 49ers seeking TRO in Siskiyou county

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http://www.goldgold.com/wp-content/...l-Response-to-States-Ex-Parte-App-4-29-15.pdf

 

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The New 49'ers :: Members Forum :: 2015 Dredging Season in California will be resolved Shortly

Here is some news to bring you guys up to date on what has turned into a fast-moving series of events along the Klamath River in Northern California:

Suction dredgers have been arriving by the day to start the season. California wardens have harassed some of them, insisting upon enforcing California's moratorium on suction dredging, which has been struck down as illegal and unenforceable by the San Bernardino Court. The wardens are refusing to take any dredger into Siskiyou County Court for an immediate hearing on the matter.

Therefore, James Buchal has drafted a civil lawsuit to be filed in Siskiyou County on behalf of several dredgers who have been harassed by the wardens. The lawsuit only asks the judge to issue an Order restraining the wardens from enforcing the unlawful moratorium. Requests for Restraining Orders are only heard in Siskiyou county on Thursdays. So if all goes well, we could have our day in court next Thursday, 7 May.

In turn, the State has filed an objection with the San Bernardino Court on the grounds that these suction dredgers cannot file a lawsuit in Siskiyou County, because all dredging-related cases have been coordinated in San Bernardino. Therefore, there will be a hearing tomorrow (Thursday, 30 April)in San Bernardino to determine if these dredgers can file for relief in Siskiyou County where the conflict is taking place.

Here follows what James Buchal filed with the San Bernardino Court today. Note that the main moving documents for the planned Siskiyou County lawsuit follows as an exhibit:

As you can see, the fate of our fast-approaching 2015 dredging season in Siskiyou County is quickly coming to a head:

 

[russau]

yep I just got my email notice from Dave.

 

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For those that don't get the news letters
(to get the news letter go here: http://www.goldgold.com/762.html)

Dear Fellow Prospector,

Here is some news to bring you guys up to date on what has turned
into a fast-moving series of events along the Klamath River in
Northern California:

Suction dredgers have been arriving by the day to start the season.
California wardens have harassed some of them, insisting upon
enforcing California's moratorium on suction dredging -- which
has been struck down as illegal and unenforceable by the San
Bernardino Court. The wardens are refusing to take any dredger
into Siskiyou County Court for an immediate hearing on the matter.

Therefore, James Buchal has drafted a civil lawsuit to be filed
in Siskiyou County on behalf of several dredgers who have been
harassed by the wardens. The lawsuit only asks the judge to issue
an Order restraining the wardens from enforcing the unlawful moratorium.
Requests for Restraining Orders are only heard in Siskiyou county
on Thursdays. So if all goes well, we could have our day in court
next Thursday, 7 May.

In turn, the State has filed an objection with the San Bernardino
Court on the grounds that these suction dredgers cannot file a
lawsuit in Siskiyou County, because all dredging-related cases
have been coordinated in San Bernardino. Therefore, there will
be a hearing tomorrow (30 April) in San Bernardino to determine
if these dredgers can file for relief in Siskiyou County where
the conflict is taking place.

Here follows what James Buchal filed with the San Bernardino Court
today. Note that the main moving documents for the planned Siskiyou
County lawsuit follows as an exhibit:


As you can see, the fate of our fast-approaching 2015 dredging season
in Siskiyou County is quickly coming to a head.

Please keep your fingers crossed for our side,

Dave Mack
The New 49'ers Prospecting Association