Klamath Falls, OR— Tule Lake Committee restraining order DENIED without prejudice to renewal.
Upholding rural Americans' rights to grow food, own property, and caretake our wildlife and natural resources.
A community is a group of people with common interests and values.
Community is characterized by "wholeness incorporating diversity" and may include people of different ages, ethnicities, educational backgrounds and incomes.
Community responsibilities are an individual's duties or obligations to the community and include cooperation, respect and participation...
The concept goes beyond thinking and acting as individuals to common beliefs about shared interests and life.
Not selfish one-sided issues that the Tule Lake Committee has shown not ONLY to the Tulelake basin but to the world at large over a piece of dirt, that they claim belongs to them to do as they see fit, while putting others in danger and their self-interest first.
They are not good neighbors, they are a group of people that want their past relatives honored at the same time wanting to take the honor of being called AMERICANS themselves.
Shameful and sad on their part.
Tulelake, CA is located in Modoc and Siskiyou County on the California/Oregon border 30 miles south of Klamath Falls, OR. The population of Tulelake is approximately 1,010.
Tulelake is well known for it's nature and history. A few local attractions are; Lava Beds National Monument, the Modoc National Forest, University of California Agricultural Experimental Station, Tulelake National Wildlife Refuge, Medicine Lake, and the annual Tulelake Butte-Valley Fair in September. Last but not least Tulelake is well known for being a rich farming area of many crops such as potatoes, grain, onions, peppermint, alfalfa, and horseradish.
Case 2:18-cv-02280-KJM-CMK Document 13 Filed 08/27/18 Page 1 of 18
Should the City of Tulelake continue on as “the nominal owner of the piece of dirt under an airport that so far has gotten [the City] sued a couple of times?” Modoc Tribe’s $17,500 offer, although some may wonder why the offer is so low, $17,500 was enough to cover the City of Tulelakes' lawyers fee and even if the City made extra money, it would necessarily go “back into the airport . . . .
"So there’s no way for the town to sell it for more and to make more money for the community’s general fund.” Importantly to the community, another aspect of the agreement is that if the Modoc Tribe takes the land they have to defend and pay the lawyers for any lawsuits that the City might be involved in with respect to the airport going forward. The City had received the Committee’s and the County’s offers after the City “released the agenda". If the Modoc Tribe takes the land they have to defend and pay the lawyers for any lawsuits that the City might be involved in with respect to the airport going forward.”
The Committee’s offer as including “essentially the same the same terms as the tribe with two differences.” The first difference was the Committee’s offer to pay $40,000. The second difference was, unlike the Modoc Tribe’s offer, the Committee provided “no promise to indemnify but there is a promise to dismiss [the City] from the existing lawsuit, which might be viewed as effectively the same thing. The County’s oral offer to “match the terms . . . negotiated with the Tribe.
The Modoc Tribe would bring to the area, “anything to support aviation. . . . an airport the FAA requires you to have aviation-supportive businesses, so, that’s indeed the type of enterprises that the Modoc Tribe would look to help put in to the Tulelake Municipal Airport.
For its bidding process, the City presumably could not accept more than one offer for the Airport property, and in selecting a winning offer it would necessarily render certain offerors losers. The Tribe and County, unlike the Committee, offered to fully indemnify the City. The City had a rational basis for treating the Committee differently in light of its opposition to the Airport’s expansion and pending suits against the City and County. The Committee offered to “maintain the airport site as an airport,” and to drop its pending lawsuits, but the Committee ignores the indemnification distinction, which is “important to the community.
The Committee did not address that any money received from the sale will be returned to the federal government for the benefit of the airport, which arguably provided the City with a rational basis to prefer the Tribe’s comprehensive indemnity offer accompanied by a lower monetary offer compared to the Committee’s higher offer without a comprehensive indemnity term. The Committee and the City have a contentious history, the Committee has not made necessary showing that “the discriminatory treatment ‘was intentionally directed just at the Committee. The Committee at this time has not carried its burden in establishing the likelihood of irreparable harm.
The Modoc Tribe’s attorney represented the property at issue is part of the Tribe’s aboriginal territory, and that it creates a land bridge to Modoc Lake, which the Tribe views as its place of origin. (April 4, 2017 letter from Modoc Tribe to Siskiyou County describing the area surrounding the site as its “ancestral territory and home to many artifacts and cultural items of our Tribe . . . the location of the Modoc War . . . [and] countless remains of our ancestors . . . .”).
While the record is not well developed on the Tribe’s status and its interest in the particular land covered by the proposed sale, the equitable interests at stake may well be significant for both the Committee and the Modoc Tribe. In any event, more than the public’s general interest in the Center and its preservation is required to support the relief requested here, and the Committee has not made the necessary showing at this time.
CONCLUSION
On the present record, the court finds the Committee has not met its burden to establish the necessity of the extraordinary remedy requested. The application for a temporary restraining order is DENIED without prejudice to renewal. Any renewed application or motion for a preliminary injunction must address the deficiencies identified in this order.
Notwithstanding the court’s denial of the instant request for a temporary restraining order, and whether or not plaintiffs renew their application, it appears this case requires an early case management conference. Accordingly, the case is set for an early scheduling conference on Wednesday, September 5, 2018, at 4 p.m. The parties shall file a joint status report by Friday, August 31, 2018, at 4 p.m. addressing the issues generally required by this court as well as whether expedited motion practice is required to streamline and focus the case.
IT IS SO ORDERED.
DATED: August 27, 2018.
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Note: "The Committee is asking supporting organizations to file amicus briefs to protect the historic site from “adverse impacts” due to airport activities.
Watch veteran pilot Barney Register seed rice fields at Montna Farms, south of Yuba City. Barney performs aerial field applications for Tolle's Flying Service out of Robins, CA.
Related Links: 1. Setting history straight on the Japanese Interment camp
3. Modoc Tribe of Oklahoma agreed to purchase Tulelake Airport from the City of Tulelake at a set price
4. Tule Lake Committee wants to protect a latrine that no longer exist (Part One) UPDATED
5. Tule Lake Committee restraining order DENIED without prejudice to renewal
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