Archive | January, 2016

Graymont Motion to Reverse Order to Dismiss

28 Jan

On Tuesday, January 26, 2016, we filed a Motion in federal court seeking a Reversal of the judge’s Motion to Dismiss our Graymont lawsuit.

The basis for this Motion is the simple fact that the Defendant appears to have misled the court as to the extent to which the “Graymont deal” would affect the exercise of our treaty rights.  “New evidence” (required under a “Rule 60” Motion) now shows that Keith Craegh admitted that “the maximum impact to Tribal treaty rights is 2681 acres.” (See the linked Exhibit 1)

Further misrepresenting the case to the Court, Creagh, after the Dismissal, claimed that “the Graymont deal was reduced from roughly 10,000 acres to around 2,000 acres.” (see the linked Exhibit 2)

We’re not surprised that the DNR lied to us and the public about the “Graymont deal,” but we are dismayed that they appear to have lied to the Court.  As Native people, we’re used to being treated with contempt by the State, but we never expected the State to act contemptuously toward the federal Court.

Reversal-Motion

Reversal-Motion-Ex-1

Reversal-Motion-Ex-2