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

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One Response to “Graymont Motion to Reverse Order to Dismiss”

  1. Gayle Shumaker January 28, 2016 at 1:19 am #

    Hi Phi, Thank you for the email update it is appreciated. Have you heard anything about Graymont’s request to mine in the Hiawatha National Forest on the property they traded for mineral rights? We haven’t heard anything and the Ranger for that area has not returned my emails. I do know Graymont has managed to get all of the Wilwin Lodge property that is outside of the fence around the buildings. It makes me sick that they put the pressure on higher ups in the American Legion from downstate to get that property. Wilwin Lodge was donated to the American Legion with the understanding it could be used by Boy Scouts for camping and for U.S. Military that wanted to have time to reconnect with their families. Again, thanks for the update. Gayle Shumaker

    Date: Thu, 28 Jan 2016 01:05:49 +0000 To: shuclan@hotmail.com

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