New 49ers seeking TRO

[fowledup]

» New 49?ers Petition the San Bernardino Court to Allow Suction Dredging on the Klamath River!

 

[Oakview2]

The judge ruled against them on a technical issue, yesterday. From Dave Mack

I'm disappointed to announce that our motion in San Bernardino for a Temporary Restraining Order (TRO) to allow suction dredging on New 49'er properties in conformance with the 2012 regulations was denied by the judge this morning.

This, I believe, was likely our final attempt to obtain hassle-free suction dredging in California during the 2015 season.

By "hassle-free," I mean that we continue to believe California's moratorium is not legal; and that suction dredgers are not likely to be prosecuted, even if they are written a criminal citation. But suction dredgers do have the risk of their equipment being confiscated until some later time. So you dredge at your own risk for the time being.

We will now switch gears into appealing San Bernardino's recent Rulings to deny any meaningful relief to suction dredgers even after the court has Ruled and Ordered that the moratorium is unconstitutional -- which State authorities continue to enforce.

There is also the landmark Rinehart Decision which is being reviewed by the California Supreme Court.

It is not an unreasonable expectation that we can have these matters resolved in time for our 2016 season.

All I can say is that we have done our very best to bring about a hassle-free 2015 dredging season. I thank everyone who has supported our efforts.

All we can do is keep trying.

 

[fowledup]

Unless and until we get a seat alongside Izzy in the Governors office each week I'm not going to hold my breath.

 

[winners58]

someone not affiliated with the court cases in sanbumerdeno or James buchal can file for a TRO in Siskiyou county.
they would have to have a competent lawyer.

 

[Hoser John]

Or at least a lawyer who showed up on time or at all. They did not utilize the Keith Walker defense ,just a tiny part, and blew our last chance till January. Keiths' masterpiece, all 800+ boring pages , has ALL the right stuff but yet again foiled by laziness, but to prolong the fight puts MUCH cash in their pockets soo a win for them sic sic sic-John

 

[Oakview2]

John, my understanding is that the hearing was telephonic but yet the judge admoinished Mr. Walker for not being present? Also, he said the arguement should have been made a the previous hearing. Apparently what ever was said in Sacramento, carried over to the second hearing. If it is BROWN< FLUSH IT>>.

 

[Hoser John]

Judge refused his request---afraid to show as contempt is a jailable offense.....Keith was there with Eric from WMA---the only" GOOD" guys in the whole mess working FOR miners and NOT their bank accounts. I spend many hours conferring and by god Keith has it by the tail for sure and I'm working the Hoover commission report to drag it all back in line and eliminate damage done by greed,insolence and ignorance. ALL the chips on the table now. RECALL Brown as such a big fesces no toilet on the planet would work....The Keith Walker defense is a MASSIVE work that takes many days to read. Kinda like mining,you must pile through the overburden to get to the golden nuggets of law. He is doing a MUCH smaller version to be filed. I have tried to post his book-case- but even at 5 x 25 megb internet/sites/ won't allow. I'm trying to break it down into smaller bites to post. John

 

[fowledup]

Let us know when and where your gonna post it. Looking forward to reading it. I would like to read the whole version and not the watered down courtroom version someday, maybe he would consider publishing it, it could probably be turned into a good corruption novel, Erin Brokovich style. Eric is one sharp cookie, good man

 

[Hoser John]

Backstory--The ol'lawyer turned out cursed to be OCD to the max BUT he was also blessed with a photographic memory. Once the ball was rolling Keith could not stop him. WHY?? First to deal with our insanity forced upon us you need ALL the CEQA manuals(12 or so at 10s a 1,000s of pages)then you need all the Calif rules/regs/cival and criminal(millions of pages) then you need all the presidents of cases in which we must hang our hat to win,throw in F/G codes and Mining Act and multiple federal laws also-add a few million more. NOW the real problem is California has closed many--over half-the law libraries and/or reduced the hours to less than a few hours a couple of times a week. Making research impossible. Hense when drawing up this ungodly lawsuit he included a ungodly amount of info that would take a dozen years to read or even aquire. This document was not submitted by Keith to the courts BUT instead his amazing body of info was sent to 10 people and I for one read the whole thing....twice. But low and behold he couldn't find anyone else who did BUT after reiterating some choice nuggets of info to Buchall for FREE,which was used in part,he finally got others to look. It is a document to draw from as back checked for accuracy during composition. Erik assisted with seasons and I am against them completely as 1994 or nuttn' as 7 seasons dead and gone already-I personally respect Keith and Eric much for their efforts at GREAT personal expense and it was a privledge to have them to Redding for a conference,even if it was killed/boycotted by the greed crowd-John

 

[2cmorau]

some really good info here,
Fair Political Practices Commission if you suspect a violation of the Political Reform Act
California Fair Political Practices Commission - File a Complaint