Latest Filings in our Fight Against Graymont

20 Jul

We recently filed two “briefs” in federal court in our fight against Graymont.  The texts are linked below.  One is our response to the state related to our request for Class Action status.  The other is the text of our Motion for Summary Judgment, seeking a Permanent Injunction against the transfer of over 11,000 acres of Ceded Territory, which we contend will violate our “usual privileges of occupancy” rights guaranteed to us in the 1836 Treaty of Washington, which were “fairly, equitably, fully, finally, and conclusively resolved” by the 2007 Inland Consent Decree.  Links to the Treaty and the Consent Decree can be found on this website.

All of the State’s filings, and those of the Grand Traverse Bands, and Graymont, as well, challenge our “standing” to bring this suit.  Our responses lay this to rest.  We cite the recent Supreme Court’s “Marriage Equality” case in support of our “standing” under the 14th Amendment Due Process and Equal Protection clauses.

Response-to-Class-Action-Response-for-posting

Permanent-Injunction-for-posting

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2 Responses to “Latest Filings in our Fight Against Graymont”

  1. Gayle Shumaker July 20, 2015 at 1:44 pm #

    Thank you for the update. If I read this correctly Grand Traverse Band is siding with the state and Graymont? Why in the world would they do that? Does anyone know? We’re they paid off as I suspect others were.

    Thank you, Gayle Shumaker

    Sent from my iPad

    • Phil Bellfy July 31, 2015 at 11:01 pm #

      Well, We certainly suspect the state and the Tribes are doing something behind the scenes, but we haven’t a clue what that might be. But, yes, the GTB is siding with the state. CORA did pass a Resolution opposing the sale, and, of course, GTB is a member of CORA, so, none of it makes any sense.

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