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Forest Service Lawsuit
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BigAl



Joined: 21 May 2012
Posts: 46
Location: N San Juan, Ca

PostPosted: Tue Nov 19, 2013 9:20 pm    Post subject: Forest Service Lawsuit  Reply with quote

Hi Everyone, the Forest Service without permission or even notifying my partner or myself installed what they call a bat friendly closure in a drift, and put a culvert with a grate in a shaft that accesses the same drift.
  We went through the administrative process, and the Forest Service did not respond within the six months they had to respond to it, so this past July 8th, 2013, we filed a 500,000.00 suit against them in Sacramento.
 The Forest Service spent 30,000.00 to do this even though they found no bat colonies in the mine, and there was a cover over the shaft, and a gate on the portal.
 The US attorney filed a motion to have part of our complaint thrown out, we filed an answer to that. And we are awaiting the Judges ruling.  I just got an e Mail from him saying he will be filing a brief tomorrow, I will continue to keep everyone updated from this point. Big Al
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BigAl



Joined: 21 May 2012
Posts: 46
Location: N San Juan, Ca

PostPosted: Tue Nov 19, 2013 9:23 pm    Post subject: Reply with quote

The U S attorney is filing the brief, not the Judge, sorry that was a little confusing, Big Al
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Wallrat



Joined: 24 Feb 2012
Posts: 92

PostPosted: Thu Nov 28, 2013 8:14 am    Post subject: Reply with quote

Al, I look forward to hearing the results. Could you post copies of all the relevant documents, if you get a chance? I still want to learn mining law...in spite of the recent lack of action here.
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BigAl



Joined: 21 May 2012
Posts: 46
Location: N San Juan, Ca

PostPosted: Thu Nov 28, 2013 10:59 am    Post subject: Reply with quote

Hi Wallrat, as I get time it is my intention to post exactly what happened our complaint, the motions filed and all that, Yesterday the government got us kicked out of the eastern district court, we have to refile in the federal claims court, this does have some real advantages for us so it was not a bad thing after we had time to think it through, although we looked like deer in the headlights when they hit us with it. Basically we have a takings claim, which is why the different court. We will be fileing inverse condemnation, trespass, nuisance, and violation of due process. The government attorney said we really do have a case, we were just in the wrong court. Big Al
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cowboy444



Joined: 18 Feb 2012
Posts: 22
Location: Gold Beach, OR

PostPosted: Sat Nov 30, 2013 5:22 pm    Post subject: Reply with quote

Good Luck and keep us posted.

cowboy444
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I'm fighting for my rights, How about you?
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BigAl



Joined: 21 May 2012
Posts: 46
Location: N San Juan, Ca

PostPosted: Mon Dec 09, 2013 4:11 pm    Post subject: Reply with quote

Today we filed an appeal to the judges decision that we belonged in Claims Court. As the case was being forced towards Inverse Condemnation, and we cannot get relief in claims court, the proper jurisdiction is the Eastern District. Will keep you posted, Big Al
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BigAl



Joined: 21 May 2012
Posts: 46
Location: N San Juan, Ca

PostPosted: Fri Dec 13, 2013 9:39 pm    Post subject: Reply with quote

The Government filed it's objection to our appeal to stay in the Eastern District Court today, rehashing it's objections. We will see what happens with the judge, at least it will be a different Judge this time. Big Al
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Wallrat



Joined: 24 Feb 2012
Posts: 92

PostPosted: Sat Dec 14, 2013 3:13 am    Post subject: Reply with quote

Best of luck, Al!  Seems to me you have actual damages, as well as a violation of your property rights. Go get 'em.
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GoldenIrishman



Joined: 19 Apr 2014
Posts: 1
Location: Douglas, AZ

PostPosted: Sat Apr 19, 2014 7:50 am    Post subject: Reply with quote

Al,  Any updates on your case yet?
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BigAl



Joined: 21 May 2012
Posts: 46
Location: N San Juan, Ca

PostPosted: Sat Apr 19, 2014 10:20 pm    Post subject: Reply with quote

Hi Guys thanks for the interest. I have to rewrite the complaint for the court of federal claims, come up with another 400.00 filing fee, which I should have shortly, and get it filed. I will post it here when I do. Big Al

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