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MANDATORY SETTLEMENT HEARING


Oakview2

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don't matter no more as regs are impossible to work with and at $3,400 between f/g and water quality for a 2 week run,3' from shore,in a non gold stream ,in the middle a winter with a 4" dredge,what a hoax. This was the GOOD proposal-go to f/w and see what was the final regs as adopted OMG,not even assist permits for handicapped anymore,took 6 years a work to get that one legalized alone. THE 1994 REGS RULE -John

Proposed Suction Dredge Regulations Title 14 Section 228 et seq February 28 20111.pdf

Edited by Hoser John
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John the 2012 and 14 regs are not even a option. Rumor has it, that the state has capitulated on the matter of the rule of law, and the judge has recognized that the regs as written are not regulatory but prohibitive. We shall see, this is a 15 round fight, and would not suprise me to see the state slip a roll of silver dollars in their glove, heatbutt, or some other dirty deed..... You must know you adversary to comprise a competent game plan, and we can all agree that these greenies, libertards and dip netters CAN NOT BE TRUSTED.

Edited by Oakview2
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I'm hopefull and supportive, but Kalifornia BS is why I've been in AZ for 15 years! ... Cheers, Unc

I hear that. CA is one f**ked up state. Everything is bass ackwards. Those that contribute the least, enjoy the most. Problem is… the libtards continue to leave CA and move to other states, and are now spreading their mental disease (aka liberalism) in those states. Some people never learn! :grr01:

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I hear that. CA is one f**ked up state. Everything is bass ackwards. Those that contribute the least, enjoy the most. Problem is… the libtards continue to leave CA and move to other states, and are now spreading their mental disease (aka liberalism) in those states. Some people never learn! :grr01:

Yup Politically is is as bad as it can get...but, politics aside I can't find a better place to live. Great gold, great weather and the geography can't be beat! Just need to avoid the cesspool sites of SF - LA...... Maybe, just maybe we can dredge again

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I hear that. CA is one f**ked up state. Everything is bass ackwards. Those that contribute the least, enjoy the most. Problem is… the libtards continue to leave CA and move to other states, and are now spreading their mental disease (aka liberalism) in those states. Some people never learn! :grr01:

Yep, they no longer want to live in the Crap they Build and the first thing they do after moving out is start building it again.

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No more info at present.

We will not know much, if anything until a settlement is decided, because of the rules of the MSC, no information can be allowed outside of the hearing until it's settled

This was posted by Steve Kleszyk A.K.A. "Ratled", who was one of the ones present for our side at the MSC

"The 2 days scheduled were completed today.


There have been additional meeting scheduled. The next round is September 16th and 17th."

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The Third Appellate District in Sacramento will hear opal arguments in the somewhat related Brandon Rinehart case. It is hard to predict how much time will elapse between submission of oral arguments and ultimate decision. Sometimes an appellate court has already prepared a written opinion that is announced almost right away (like, within a week or two). If, however, there is lack of unanimity or if new points or cases are raised during oral argument, then as much as several months can elapse before an opinion is released. The Rinehart case is related to the consolidated dredge cases in one important respect: all of the cases involve an issue of federal preemption. If the Rinehart opinion rules favorably for miners based on federal preemption, then a lower court like the Superior Court in Rancho Cucamonga, will be hard pressed to ignore it. Sometimes, however, an appellate court will not address such a fundamental question if there is a less drastic way of reaching a decision. At any rate, regardless of whether the Third Appellate District issues a ruling within a week or takes three months, the ruling should be available prior to next summer's dredge season. My legal instinct all along has been that we miners have the high legal ground and should likely prevail either by way of a favorable judgment or at least by a favorable (if not ideal) settlement. Meanwhile, however, each year that slips by is a year closer to my ultimate dirt nap and, thus, each additional year the system consumes becomes particularly more costly for older guys like me who are stuffed inside these aging bodies with nearly expired odometers.

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The problem or 300 pound gorilla in the room is that the other side has access to the judges, courts attorneys and the state agencies where we do not.

I dealt with this over a decade ago against DFG. They had so much power up in the courts and in sacramento we could not do anything to stop them. We got blocked in every hearing and case, it was all pre decided. we'd get a new senator to offer to carry our bill, and next thing you know they would drop it like a hot chunck of iron in their hand. And money doesn't make a difference because they are holding political capital against them, not money.

They would walk in and tell them we will not vote for you, if you vote for this, or some other back door method of swaying the courts and senators. DFG would bring them to their knees if they did not vote in the direction DFG wanted. It made me sick to my stomach.

Then you have the left wing doing the very same thing as well.

Our writing letters and protesting did nothing at all either.

On that issue I finally had to just give up, and guess what, those that took the fight over, have still not won that issue. I doubt if they ever will, as the powers to be are controlling our courts from behind the scenes.

This is the same thing. Let Brandons case go to finish, then we will decide. That is the chickens way out. One case decides the whole tomale? THat is just not right. Why don't the damned judges stand up and do what they are supposed to do? Adjudicate for gods sake, that is what your paid to do. Because they can push it off to someone else if it is a hot potato, they will in a blink of an eye.

Sad to say our Justice system is broken and I hate to say it, we don't stand a snowballs chance in hell of winning this. It is already pre ordained before you even walk into the court room. Sometime months before. They just put up the pretense of a fair trial. They have their minds made up already on this case. The only thing slowing them down, is that no one wants to make the call and take the heat, so they keep pushing it off, over and over again.

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The rule of law should have already carried the case before the federal preemption case, but Judge is Ochoa is a elected judge, and it is much better to hide behind the appealate decision than to take the heat for what is right. Nothing worse than a politician in a black robe.

Edited by Oakview2
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