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Dave_Mack
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California Legal Update ( 03:36:14 FriOct 11 2013 )

For those of you who have not heard about these things elsewhere:

The San Bernardino Superior Court has denied a motion by Public Lands for The People (PLP) for a Preliminary Injunction to overturn California’s Moratorium on suction dredging.

But the court also denied the State’s motion to dismiss our federal Preemption challenge (to the Moratorium), and our Takings claim in the event that the State ultimately succeeds in putting an end to suction dredging in California. Therefore, we remain in a position to win one way or the other.

It is our belief that while controlling case law allows the State to impose some reasonable restrictions upon mining, the very same law forbids the State from prohibiting mining on the public lands. The existing moratorium clearly amounts to a prohibition without end. I will personally be very surprised if we do not succeed in overturning California’s moratorium with the federal preemption argument.

In the event that we do not succeed in this argument, claim owners and others with mining interests in California will have a right to be paid for our losses.

The case that was filed in Siskiyou County to overcome the State’s use of Emergency Regulations to stop our new method of underwater suction gravel transfer has now been transferred to San Bernardino. The jury remains out on whether or not this has overturned the Temporary Restraining Order issued by Siskiyou County that has prevented the State from enforcing Emergency Regulations in Siskiyou County. Only time will tell on this.

You guys should be aware that we have some exciting plans on the table concerning how we will keep underwater mining going in California for the upcoming season. Please stay tuned for more details when the timing is right.

The most recent and important legal development is that the Third Appellate District of California has just agreed to consider our federal preemption arguments in the Brandon Rinehart case. Many of you will recall that Brandon was cited last year for operating a suction dredge in California without a permit. With financial assistance from PLP and others, Brandon hired our attorney, James Buchal, to defend against the criminal citation. Brandon’s defense was largely based upon our federal preemption argument that the State does not have the authority to prohibit suction dredging, and that refusal to issue a permit amounted to a prohibition. The judge in that case rejected the preemption argument on the premise that we would appeal to the Appellate Court.

Now that the Appellate Court will consider federal preemption, we are on a (very) fast track to get this important issue decided. In the event that we win the argument, my guess is that suction dredge permits will again be available in California. It’s possible this could happen before this next season. We have offered to provide financial assistance to pursue the preemption argument in the Appellate Court, since that is likely to resolve many of the unsettled matters in San Bernardino.

So there is reason for hope!

Maybe this will encourage you guys to send contributions to our legal fund! Don't forget that we are giving away three ounces of gold nuggets in less than a month. So far, we have only issued 360 drawing tickets in that contest!


  
ratled
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Re: California Legal Update ( 04:12:36 FriOct 11 2013 )

THANKS DAVE !!!!!! for the update, good news is always nice to hear

ratled :doublethumbsup:

  
redwood
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199 posts
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Re: California Legal Update ( 04:15:37 FriOct 11 2013 )

Thanks for the update Dave. I continue to be optimistic about our future as miners and prospectors.

Mike



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Michael_Judd
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Re: California Legal Update ( 01:59:44 SatOct 12 2013 )

This was posted by Jerry Hobbs, president of PLP, on the GPAA forum:

PLP has never filed a Summary Judgment so we could not be denied one. What PLP filed was a Preliminary Injunction. PLP was denied the Preliminary Injunction and was not denied the Preemption part of the filing, what was denied is the Irreparable harm to the miners and that is being appealed as we speak.

Had the Irreparable Harm been upheld the Injunction would have been granted. Irreparable Harm unfortunately does not include financial harm, however the criminal citations and convictions that have been given to the miners is Irreparable Harm and that is what is being appealed.

The Summary Judgment will be file sometime, probably in December.
Jerry



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Quote: Thomas Sowell

“It is hard to imagine a more stupid or more dangerous way of making decisions than by putting those decisions in the hands of people who pay no price for being wrong.”
 
 
InspectorTom
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Me &amp; Tank Klamath 200
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Re: California Legal Update ( 04:25:58 SatOct 12 2013 )

Thanks Dave,
I will never give in, I believe we are right and will eventually win!



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