Legal Issues
Mill Bay Members, 6/1/20
The hearing was held and lots of members called in making for a very good showing. Our attorney did an excellent job of presenting the relevant issues, and the board feels that she did a fine job upholding our rights to remain at MB until 2034. My personal worry here is the judge’s profound lack of curiosity about the BIA and Tribe’s questionable assumptions and positions. As to how this will turn out, it’s anybody’s guess. Moreover, there was no timeline given on any decision.
Should it not go well, our rationale for appeal was laid out very nicely by our lawyer. In the meantime, have fun at MB and hope for the best. Also, it should not be forgotten how much our legal eagle board member Frank Smith had to do with preparing our attorney for this presentation. His tireless efforts were instrumental in this outstanding effort. Once again, thanks Frank.
Hang in there………..we’ll eventually get through all of this.
For the board, Van
The hearing was held and lots of members called in making for a very good showing. Our attorney did an excellent job of presenting the relevant issues, and the board feels that she did a fine job upholding our rights to remain at MB until 2034. My personal worry here is the judge’s profound lack of curiosity about the BIA and Tribe’s questionable assumptions and positions. As to how this will turn out, it’s anybody’s guess. Moreover, there was no timeline given on any decision.
Should it not go well, our rationale for appeal was laid out very nicely by our lawyer. In the meantime, have fun at MB and hope for the best. Also, it should not be forgotten how much our legal eagle board member Frank Smith had to do with preparing our attorney for this presentation. His tireless efforts were instrumental in this outstanding effort. Once again, thanks Frank.
Hang in there………..we’ll eventually get through all of this.
For the board, Van
| 052220_485_wapato_heritage_reply_to_default_motion.pdf |
| 052220_484-1_-_exhibit_a_to_swh_decl..pdf |
| 052220_484-declaration_of_swh_iso_reply_brief_re_motion_for_default___motion_for_sj.pdf |
| 052220_483_-_reply_brief_iso_motion_for_default_and_motion_for_sj.pdf |
| 051320_10-2_-_decl._of_f._smith_iso_wapato_heritages_motion_for_stay_pending_interlocutory_appeal.pdf |
| 051320_10-1_-_plaintiffs_statement_iso_wapato_heritages_motion_for_stay_pending_interlocutory_appeal.pdf |
| 050820_-_469_ctcr_response_to_motions_for_default___summary_judgments.pdf |
| 050820_-_468_gary_reyes_statement_of_disputed_material_facts.pdf |
| 050820_-_467_gary_reyes_opposition_to_motions_for_default.pdf |
| 050820_-_466_federal_ds_response_to_motions_for_default.pdf |
| 050820_-_465_us_response_to_amended___restated_statement.pdf |
| 05-07-20_9th_circuit_appeal_motion_for_stay.pdf |
| 4-23-20_-_453_-_notice_of_electronic_filing.pdf |
| 4-22-20_-_452_-mbm_-_notice_of_appeal.pdf |
| 04-22-20_-_451_wh_-_request_for_oral_argument.pdf |
| 04-21-2020_at_8-06_am_pdt_text_order.pdf |
| 04-17-20_445_wh_-_supplemental_brief_re_federal_ds_msj_re_ejectment.pdf |
| 04-17-20_444_wh_-_response_to_federal_ds_statement_of_undisputed_facts.pdf |
| 04-17-20_443_wh_-_amended___restated_statement_of_undisputed_facts.pdf |
| 04-17-20_442_federal_ds_supplemental_brief_re_federal_ds_msj_re_ejectment.pdf |
| 04-17-20_441_ctcr_supplemental_brief_re_federal_ds_msj_re_ejectment.pdf |
| 04-17-20_440_-_declaration_of_swh.pdf |
| 04-17-20_439-proposed_order_granting_sj.pdf |
| 04-17-20_439_-_plaintiffs_motion_for_sj_against_certain_individual_allottees.pdf |
| 04-17-20_438_-_supplemental_brief_in_opposition_to_federal_defendants_motion_for_sj.pdf |
| 04-15-20_mbm_-_order_granting_in_part_default_jgmt.pdf |
| 04-14-20_435_-_motion_to_expedite_hearing_on_motion_for_default.pdf |
| 04-14-20_434_-_decl._of_sfw_iso_motion_for_default.pdf |
| 04-14-20_433-motion_for_default_judgment.pdf |
| 04-14-20_433-1_proposed_order_granting_motion_for_default_judgment.pdf |
| 04-06-20_48h2183-order_-_ecf_431.pdf |
| 04-03-20_48g7220-420_-_u.s._response_to_joint_motion_to_extend_deadline-1.pdf |
| 04-01-20_418_-_decl._of_franklin_smith_iso_motion_to_extend_deadline.pdf |
| 04-01-20_417_-_decl._of_swh_iso_motion_to_extend_deadline.pdf |
| 04-01-20_416_-_decl._of_nathan_arnold_iso_motion_to_extend_deadline.pdf |
| 04-01-20_415_-_decl._of_t._hotchkiss_iso_motion_to_extend_deadline.pdf |
| 04-01-20_414_-_motion_for_expedited_hearing_re_motion_to_extend_deadline.pdf |
| 04-01-20_413_-_joint_motion_to_extend_deadline.pdf |
| 04-01-20_412_-_noa_-_tyler_hotchkiss.pdf |
| 3-26-20_-411_-_order_regarding_representation_of_indian_allottees.pdf |
| 01-20-20_wapato_heritage_response_representation_dec_of_jeff_webb.pdf |
| 01-14-20_wapato_heritage_response_regarding_representation_of_allottees.pdf |
| 01-14-20_mill_bay_response_to_us_regarding_representation.pdf |
| 11-8-19_wapato_heritage__status_report_regarding_representation_of_allottees.pdf |
| 10-30-19_47j1364-386_-status_conf._memo_of_wapato_heritage.pdf |
| 10-29-19_plaintiffs_reply_to_status_conference.pdf |
| 10-17-19_notice_of_app_colville_tribes_brian_chestnut.pdf |
| 10-15-19_us_motion_for_status_conference.pdf |
| 10-03-19_motion_for_withdrawl_of_attorney_marcellay_proposed_order.pdf |
| 10-03-19_motion_for_withdrawl_of_attorney_marcellay_defendants_declaration_of_tim_lawler.pdf |
| 10-04-19_motion_for_withdrawl_of_attorney_marcellay_defendants.pdf |
| 09-20-19_proposed_order_granting_motion_for_leave_to_withdraw_and_substiute_counsel.pdf |
| 09-20-19_colville_motion_to_withdrawl_attorney_and_substitute.pdf |
July 18, 2018 - Affidavit Rit Bellis Colville Tribe Response. Click here to read document.
July 18, 2018 - Colville Tribe Response. Click here to read document.
July 18, 2018 - Declaration of Brian Huber Exhibit A. Click here to read document.
July 18, 2018 - Declaration of Brian Huber Exhibit C. Click here to read document.
July 18, 2018 - Declaration of Bruce Diditch colville Response. Click here to read document.
July 18, 2018 - Declaration of Bruce Johnston Wapato Heritage. Click here to read doc.
July 18, 2018 - Declaration of Huber Exhibit B. Click here to read document.
July 18, 2018 - Declaration of Jeff Webb Wapato Heritage. Click here to read document.
July 18, 2018 - Mill Bay Response. Click here to read document.
July 18, 2018 - US Attorney Attachment. Click here to read document.
July 18, 2018 - US Attorney Response. Click here to read document.
July 18, 2018 - Wapato Heritage Response. Click here to read document.
June 27, 2018 - Mill Bay - Order directing additional filings. Click here to read doc.
February 24, 2016 - Mill Bay 02/23/16 order. Click here to read the document.
February 4, 2016 - Mill Bay FOIA supp. Click here to read the document.
January 21, 2016 - Allottees joinder in ejection motion. Click here to read the document.
January 11, 2016 - Wapato LLC motion for order setting briefing schedule. Click here to read the document.
January 29, 2015 - Notice of Appearance Marcelly. Click here to read the document.
September 23, 2014 - Order Granting Motion for Extension of Time and Motion to Expedite. Click here to read the Document.
September 20, 2014 - Motion and Memorandum for Extension of Time for the Bureau of Indian Affairs to Respond to Court Order. Click here to read the Document.
August 1, 2014 - Memorandum and Order RE: Appointment of Counsel from United States District Court. Click here to read the Document.
January 22, 2013 - United States' Supplemental Briefing RE: MA-8 Trust Status. Click here to read the Document.
January 22, 2013 - Response To Court's Questions As Per Order Dated January 10, 2013. Click here to read the Document.
January 22, 2013 - Supplemental Brief of Wapato Heritage, LLC. Click here to read the Document.
January 21, 2013 - Supplemental Memorandum RE: MA-8 Trust Status. Click here to read the Document.
January 10, 2013 - Order Directing Supplemental Briefing. Click here to read the Document.
December 1, 2012 - Plaintiffs' Memorandum In Response Federal Defendant's Motion for Summary Judgement. Click here to read the Document.
December 1, 2012 - Plaintiffs' Statement of Facts in Response to Federal Defendant's Motion for Summary Judgement. Click here to read the Document.
May 21, 2012 - Order Granting Motion to Continue. Click here to read the Document.
April 25, 2012 - Plantiffs' Reply Memorandum in Support of Motion for Continuance. Click here to read the Document.
April 20, 2012 - Response of Wapato Heritage, LLC to Plantiffs' Motion. Click here to read the Document .
April 17, 2012 - Order Granting Plaintiffs' Motion to Expidite and Motion to Modify the Briefing Schedule. Click here to read the Document.
April 2, 2012 - Status of legal proceedings provided by Jim Danielson, legal counsel for Mill Bay Members. Click here to read the letter.
March 29, 2012 - Order Granting Motion to Expedite; Denying Motion to Stike; Lifting Stay; Granting Motion for Extension of Time. Click here to read the Document.
March 27, 2012 - Plantiff files Notice of Expedited Hearing Without Oral Argument. Click here to read the Document.
February 16, 2012 - Order Granting in Part and Denying in Part Confederated Tribes' Motion to Dismiss. Click here to read the Document.
October 21, 2011 - Defendant Colville Tribes' Reply Memorandum. Click here to read the Document.
October 7, 2011 - Plantiffs' Response to Defendant Colville Tribes' Motion to Dismiss. Click here to read the Document.
October 7, 2011 - Declaration of Kristin M. Ferrera in Support of Plaintiffs' Opposition to Motion to Dismiss. Click here to read the Document.
October 7, 2011 - Memorandum of Points and Authorities of Wapato Heritage, LLC in response to Conferated Tribes of the Colville Reservation's Motion to Dismiss Cross-Claims. Click here to read the Document.
July 29, 2011 - Mill Bay Members Association filed a Joint Certification of Status Conference with the United States District Court. Click here to read the Document.
May 17, 2011 - Mill Bay Members Association filed a Brief of Amicus Curiae with the United State Court of Appeals for the Ninth Circuit. Click here to read the Document.
May 9, 2011 - Wapato Heritage, L.L.C. filed a Petition for Panel Rehearing and Rehearing En Banc with the United State Court of Appeals for the Ninth Circuit. Click here to read the Document.
Plaintiff Filings
September 2, 2009 - The following documents were filed in the U.S. District Court Eastern District of Washington on September 1, 2009:
Plaintiffs' First Motion for Summary Judgment RE: CONTRACT TERMS. Click here to read the Document.
Plaintiffs' Second Motion for Summary Judgment RE: SETTLEMENT AGREEMENT. Click here to read the Document.
Plaintiffs' Third Motion for Summary Judgment RE: ESTOPPEL. Click here to read the Document.
Plaintiffs' Fourth Motion for Summary Judgment RE: ARBITRARY AND CAPRICIOUS AGENCY ACTION AND DUE PROCESS VIOLATION BY BIA. Click here to read the Document.
Plaintiffs' Fifth Motion for Summary Judgment RE: ACTUAL NOTICE OF OPTION TO RENEW. Click here to read the Document.
Plaintiffs' First Set of Requests for Admission and Responses. Click here to read the Document.
Defendants Filings
FEDERAL DEFENDANTS' MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT ORAL ARGUMENT REQUESTED. Click here to read the Document.
MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND FOR MOTION FOR SUMMARY JUDGMENT. Click here to read the Document.
FEDERAL DEFENDANTS' STATEMENT OF MATERIAL FACTS. Click here to read the Document.
NOTICE OF HEARING WITH ORAL ARGUMENT OCTOBER 29, 2009, 9:30 a.m.. Click here to read the Document.
January 27, 2009 - The Mill Bay Members Association filed a Motion Temporary Restraining Order in U.S. District Court for the Eastern District of Washington. Click here to read the Document.
January 27, 2009 - The Mill Bay Members Association filed a Memorandum in Support of Motion Temporary Restraining Order in U.S. District Court for the Eastern District of Washington. Click here to read the Document.
January 27, 2009 - The Mill Bay Members Association filed an Afffidavit in Support of Motion for Temporary Restraining Order in U.S. District Court for the Eastern District of Washington. Click here to read the Document.
January 21, 2009 - The Mill Bay Members Association filed a Complaint in U.S. District Court for the Eastern District of Washington. Click here to read the Complaint.
January 20, 2009 - The Mill Bay Members Association sends a letter to the landowners of the MA-8 property. Click here to read the letter.
Initial litigation - June 6, 2001 to November 23, 2004
July 18, 2018 - Colville Tribe Response. Click here to read document.
July 18, 2018 - Declaration of Brian Huber Exhibit A. Click here to read document.
July 18, 2018 - Declaration of Brian Huber Exhibit C. Click here to read document.
July 18, 2018 - Declaration of Bruce Diditch colville Response. Click here to read document.
July 18, 2018 - Declaration of Bruce Johnston Wapato Heritage. Click here to read doc.
July 18, 2018 - Declaration of Huber Exhibit B. Click here to read document.
July 18, 2018 - Declaration of Jeff Webb Wapato Heritage. Click here to read document.
July 18, 2018 - Mill Bay Response. Click here to read document.
July 18, 2018 - US Attorney Attachment. Click here to read document.
July 18, 2018 - US Attorney Response. Click here to read document.
July 18, 2018 - Wapato Heritage Response. Click here to read document.
June 27, 2018 - Mill Bay - Order directing additional filings. Click here to read doc.
February 24, 2016 - Mill Bay 02/23/16 order. Click here to read the document.
February 4, 2016 - Mill Bay FOIA supp. Click here to read the document.
January 21, 2016 - Allottees joinder in ejection motion. Click here to read the document.
January 11, 2016 - Wapato LLC motion for order setting briefing schedule. Click here to read the document.
January 29, 2015 - Notice of Appearance Marcelly. Click here to read the document.
September 23, 2014 - Order Granting Motion for Extension of Time and Motion to Expedite. Click here to read the Document.
September 20, 2014 - Motion and Memorandum for Extension of Time for the Bureau of Indian Affairs to Respond to Court Order. Click here to read the Document.
August 1, 2014 - Memorandum and Order RE: Appointment of Counsel from United States District Court. Click here to read the Document.
January 22, 2013 - United States' Supplemental Briefing RE: MA-8 Trust Status. Click here to read the Document.
January 22, 2013 - Response To Court's Questions As Per Order Dated January 10, 2013. Click here to read the Document.
January 22, 2013 - Supplemental Brief of Wapato Heritage, LLC. Click here to read the Document.
January 21, 2013 - Supplemental Memorandum RE: MA-8 Trust Status. Click here to read the Document.
January 10, 2013 - Order Directing Supplemental Briefing. Click here to read the Document.
December 1, 2012 - Plaintiffs' Memorandum In Response Federal Defendant's Motion for Summary Judgement. Click here to read the Document.
December 1, 2012 - Plaintiffs' Statement of Facts in Response to Federal Defendant's Motion for Summary Judgement. Click here to read the Document.
May 21, 2012 - Order Granting Motion to Continue. Click here to read the Document.
April 25, 2012 - Plantiffs' Reply Memorandum in Support of Motion for Continuance. Click here to read the Document.
April 20, 2012 - Response of Wapato Heritage, LLC to Plantiffs' Motion. Click here to read the Document .
April 17, 2012 - Order Granting Plaintiffs' Motion to Expidite and Motion to Modify the Briefing Schedule. Click here to read the Document.
April 2, 2012 - Status of legal proceedings provided by Jim Danielson, legal counsel for Mill Bay Members. Click here to read the letter.
March 29, 2012 - Order Granting Motion to Expedite; Denying Motion to Stike; Lifting Stay; Granting Motion for Extension of Time. Click here to read the Document.
March 27, 2012 - Plantiff files Notice of Expedited Hearing Without Oral Argument. Click here to read the Document.
February 16, 2012 - Order Granting in Part and Denying in Part Confederated Tribes' Motion to Dismiss. Click here to read the Document.
October 21, 2011 - Defendant Colville Tribes' Reply Memorandum. Click here to read the Document.
October 7, 2011 - Plantiffs' Response to Defendant Colville Tribes' Motion to Dismiss. Click here to read the Document.
October 7, 2011 - Declaration of Kristin M. Ferrera in Support of Plaintiffs' Opposition to Motion to Dismiss. Click here to read the Document.
October 7, 2011 - Memorandum of Points and Authorities of Wapato Heritage, LLC in response to Conferated Tribes of the Colville Reservation's Motion to Dismiss Cross-Claims. Click here to read the Document.
July 29, 2011 - Mill Bay Members Association filed a Joint Certification of Status Conference with the United States District Court. Click here to read the Document.
May 17, 2011 - Mill Bay Members Association filed a Brief of Amicus Curiae with the United State Court of Appeals for the Ninth Circuit. Click here to read the Document.
May 9, 2011 - Wapato Heritage, L.L.C. filed a Petition for Panel Rehearing and Rehearing En Banc with the United State Court of Appeals for the Ninth Circuit. Click here to read the Document.
Plaintiff Filings
September 2, 2009 - The following documents were filed in the U.S. District Court Eastern District of Washington on September 1, 2009:
Plaintiffs' First Motion for Summary Judgment RE: CONTRACT TERMS. Click here to read the Document.
Plaintiffs' Second Motion for Summary Judgment RE: SETTLEMENT AGREEMENT. Click here to read the Document.
Plaintiffs' Third Motion for Summary Judgment RE: ESTOPPEL. Click here to read the Document.
Plaintiffs' Fourth Motion for Summary Judgment RE: ARBITRARY AND CAPRICIOUS AGENCY ACTION AND DUE PROCESS VIOLATION BY BIA. Click here to read the Document.
Plaintiffs' Fifth Motion for Summary Judgment RE: ACTUAL NOTICE OF OPTION TO RENEW. Click here to read the Document.
Plaintiffs' First Set of Requests for Admission and Responses. Click here to read the Document.
Defendants Filings
FEDERAL DEFENDANTS' MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT ORAL ARGUMENT REQUESTED. Click here to read the Document.
MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND FOR MOTION FOR SUMMARY JUDGMENT. Click here to read the Document.
FEDERAL DEFENDANTS' STATEMENT OF MATERIAL FACTS. Click here to read the Document.
NOTICE OF HEARING WITH ORAL ARGUMENT OCTOBER 29, 2009, 9:30 a.m.. Click here to read the Document.
January 27, 2009 - The Mill Bay Members Association filed a Motion Temporary Restraining Order in U.S. District Court for the Eastern District of Washington. Click here to read the Document.
January 27, 2009 - The Mill Bay Members Association filed a Memorandum in Support of Motion Temporary Restraining Order in U.S. District Court for the Eastern District of Washington. Click here to read the Document.
January 27, 2009 - The Mill Bay Members Association filed an Afffidavit in Support of Motion for Temporary Restraining Order in U.S. District Court for the Eastern District of Washington. Click here to read the Document.
January 21, 2009 - The Mill Bay Members Association filed a Complaint in U.S. District Court for the Eastern District of Washington. Click here to read the Complaint.
January 20, 2009 - The Mill Bay Members Association sends a letter to the landowners of the MA-8 property. Click here to read the letter.
Initial litigation - June 6, 2001 to November 23, 2004
| settlement_agreement_091704b.pdf |
MILL BAY RV RESORT (dba as Mill Bay Members Association) is not subject to the provisions of the Washington Camping Resorts Act, RCW 19.105 et Seq. All memberships and/or transfers must comply with said agreements and is made pursuant to the authority vested in the Mill Bay Members Association by virtue of the Court Order, approving a class action settlement in Chelan County Superior Court – Case #04-2-00441-6 dated November 23, 2004. The Mill Bay Members Association makes no representation or warrantee other than those contained within that Court Order. The Mill Bay Members Association also makes no warrantee or representations as to the master lease upon which the RV park is located and/or actions by the Bureau of Indian affairs as the lessor.
The case in Chelan County Superior Court: Paul Grondal and All Mill Bay Resort Members, Similarly Situated (Plaintiffs) vs. Chief Evans, Inc., a Washington Corporation; Chief Evans Inc., a Colville Tribal corporation; William Evans and Jane Doe Evans, husband and wife and the marital community composed thereof; Jamie Jones and Jane Doe Jones, husband and wife and Kenneth Evans and Leslie Evans, husband and wife and the marital community of composed thereof; John Jones and Jane Doe Jones, husband and wife and the marital community of composted thereof. (Defendants)
11/23/2004 - Chelan County Superior Court - Order Approving Class Action Settlement. Read in Adobe Acrobat.
The Law: RCW 19.105 regarding campgrounds
11/23/2004 - Chelan County Superior Court - Order Approving Class Action Settlement. Read in Adobe Acrobat.
The Law: RCW 19.105 regarding campgrounds