Archive | March, 2016

Preliminary Injunction

22 Mar

We’ve filed a Motion for an Injunction against the DNR sale of Ceded Territory to Graymont. Immediately following our Dismissal, we filed several FOIA requests. Through these FOIA requests, we “discovered new evidence” that shows that DNR Director Creagh agrees with us that the sale will “impact our tribal Treaty rights.”  

This is a “binding judicial admission” simply because his lawyers didn’t challenge the introduction of this “new evidence,” claiming, instead, that we “misrepresented” him by quoting him!

So, due to this “binding judicial admission” by Creagh, we have moved for an Expedited Consideration of a Motion for a  Preliminary Injunction because there is no longer any “genuine issue of material fact” –that is, both sides of this dispute now agree that the sale will impact our Treaty rights– so we’re entitled to an Injunction as “a matter of law.”  

The filings related to all of this are linked below.

60-Memorandum in Support of Injunction
59-Motion for Injunction
58-0-Motion-to-Strike-12-f
56-0-Motion-Rule 21-Plaintiffs
54-1-Binding Judicial Admission
55-Response-to-Motion

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