#926391 - 04/01/15 11:56 AM
Re: Lake Quinault-Interesting Read
[Re: Swing r Die]
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River Nutrients
Registered: 04/25/00
Posts: 5078
Loc: East of Aberdeen, West of Mont...
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The court threw out the suit...
Which court???? Would be easy to check.....computer and internet....
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"Worse day sport fishing, still better than the best day working"
"I thought growing older, would take longer"
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#926392 - 04/01/15 12:10 PM
Re: Lake Quinault-Interesting Read
[Re: JPbarbless]
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Juvenile at Sea
Registered: 03/03/07
Posts: 172
Loc: Seattle
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US 9th district Tacoma. Checked the record there and it seems like something is going to happen this month. I don't have access to the transcripted records. It seems that you have to pay for that access. JP
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#926420 - 04/01/15 06:18 PM
Re: Lake Quinault-Interesting Read
[Re: JPbarbless]
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Juvenile at Sea
Registered: 03/03/07
Posts: 172
Loc: Seattle
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OK your brilliant. Yes the court has not ruled
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#926483 - 04/03/15 09:55 AM
Re: Lake Quinault-Interesting Read
[Re: JPbarbless]
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Poodle Smolt
Registered: 05/03/01
Posts: 10979
Loc: McCleary, WA
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MPM, thanks for your clarification. I'll see if I can look up anything on PACER on this.
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"Give me the anger, fish! Give me the anger!"
They call me POODLE SMOLT!
The Discover Pass is brought to you by your friends at the CCA.
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#926485 - 04/03/15 10:02 AM
Re: Lake Quinault-Interesting Read
[Re: MPM]
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King of the Beach
Registered: 12/11/02
Posts: 5206
Loc: Carkeek Park
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The Quinault tribe and DNR filed motions to dismiss and both sides have filed briefs. The court hasn't ruled yet.
Anyone know why the DNR got involved and asked for the suit to be dismissed?
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Go Dawgs! Founding Member - 2023 Pink Plague Opposition Party #coholivesmatter
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#926492 - 04/03/15 12:47 PM
Re: Lake Quinault-Interesting Read
[Re: JPbarbless]
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King of the Beach
Registered: 12/11/02
Posts: 5206
Loc: Carkeek Park
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Got it Thanks
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Go Dawgs! Founding Member - 2023 Pink Plague Opposition Party #coholivesmatter
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#929085 - 05/05/15 08:24 AM
Re: Lake Quinault-Interesting Read
[Re: JPbarbless]
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Spawner
Registered: 01/22/06
Posts: 925
Loc: tacoma
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#929100 - 05/05/15 10:27 AM
Re: Lake Quinault-Interesting Read
[Re: JPbarbless]
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River Nutrients
Registered: 04/25/00
Posts: 5078
Loc: East of Aberdeen, West of Mont...
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Tribes continue to be on a roll......"no more beads, for Manhattan Island"
_________________________
"Worse day sport fishing, still better than the best day working"
"I thought growing older, would take longer"
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#929131 - 05/05/15 03:47 PM
Re: Lake Quinault-Interesting Read
[Re: JPbarbless]
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Three Time Spawner
Registered: 06/03/06
Posts: 1533
Loc: Tacoma
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Does anyone have the actual legal opinion. There should be more to the ruling. I would guess that as a sovereign state only the Government could sue them, but the article does not specify. The problem I see is the government has no problem giving them what ever they want. I am not an attorney so this is just my opintion but it seems the best approach to a problem like this is for someone to have the guts to ignore the tribes claims. When the tribe tries to exert control, then the ownership question would most likely have merit. Because the Gov't wont take action, nothing can be done until the tribe tries to take someone to court to exercise their rights. Proving their ownership and right to control the lake would be up to them, something they might not be able to do. The problem with this whole scenario is that the tribe would probably try to enforce the rules in tribal court. When the tribe found the person guilty then an appeal to the federal courts would need to take place. The courts could just ignore it for political reasons, or, if it looked like they were going to take the case, the tribe could simply drop the charges. That way no precedent would be set and they could continue to screw the next person.
I sat in a meeting one time with a local government and at one point someone on the city council asked if the law they were about to pass was legal. Their attorney stated that there were some significant issues with it but not too worry, no one would likely have the money to fight the issue. With that, they then went ahead and passed the ordinance. Same type of situation. Unless you are willing to get in to the fight and have the money and guts to do so, the tribe will continue to do what ever they want.
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#929168 - 05/06/15 07:55 AM
Re: Lake Quinault-Interesting Read
[Re: JPbarbless]
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River Nutrients
Registered: 04/25/00
Posts: 5078
Loc: East of Aberdeen, West of Mont...
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Krijack....
Go for it, buy some property from a North/South shore home owner ......... test your theory.
Keep us posted on the progress !!!!!! You could be a winner ??????
_________________________
"Worse day sport fishing, still better than the best day working"
"I thought growing older, would take longer"
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