15 Aug

Four months ago, we asked the judge to issue a “Declaratory Judgment” on whether or not we, as individuals had Treaty Rights under the “Doctrine of Discovery” and the 1836 Treaty of Washington.  Well, because none of us are lawyers, most likely, our request was simply that –a request (that is, we probably didn’t follow proper “procedure”).  So, we reworded that origial “request” somewhat, and filed it as a “Motion for Declaratory Judgment.” It was recorded in the official “docket” on August 13, 2015 (as #49).

Our “Argument” (then and now) is –“The actual controversy in this case can be stated thus: Does the Defendant have a statutory or constitutional right to transfer 1836 Ceded Territory “public land” to Graymont, LLC, for the strip­ mining of limestone, which will result in the abrogation of Plaintiffs’ rights; rights that are protected under the terms of the “Doctrine of Discovery,” secured to them under the US Constitution; rights that are further protected under the ”usual privileges of occupancy” language of Article XIII of the 1836 Treaty of Washington; rights have been fairly, equitably, freely, fully, and conclusively resolved and secured to the Plaintiffs under the procedural and substantive provisions of the 2007 Consent Decree?”  Plaintiffs say no, defendant says yes.

The entire filing can be read here —Motion-Declaratory-Judgment  

The title to this post begs this question –Is this the last filing in this case?  The answer is –most likely.  We now have two motions that we’ve requested “Expedited Consideration” for, so we’re hoping the judge will rule on this case soon.  We’ll keep you posted.



  1. Ed Furton August 15, 2015 at 1:49 am #

    Why can’t ST attorneys help with the language and process?

    • Phil Bellfy August 16, 2015 at 12:24 am #

      The ST General Counsel has advised the BoD to stay out of this case entirely, so, other than “political” actions (Resolutions, etc.), the Board has taken his advice. So, we’re faced with opposition from the State, indifference from the Tribes (except that the GTB has sided with the State in court), and the feds are simply MIA.

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