Mariposa's original daily updated online newspaper
Mariposa's original daily updated online newspaper
Hazel Green Ranch Editorial
Page Two
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| Hazel Green Ranch Editorial Page One | Newest Update Here 4-24-08 |
| Thursday 3-27-2008 The legal paper work was filed, (Scroll Down the page) per what was mentioned a few weeks ago: (This is a newer filing in the lawsuit: Hazel Green Ranch, LLC v. United States Department of the Interior ... Read page 7 line 4 where it says filings must be in before Monday February 25, 2008 a day before the following Tuesday Board of Supervisors Meeting. Is Mr.Cann right in his letter that the lawyers for Hazel Green LLC filed a notice on February 21, 2008 saying that Mariposa County would be joining them? The BOS at the meeting of February 19, 2008 had a closed session on Hazel Green and then apparently the lawyers for Hazel Green LLC filed the paperwork a couple of days later.) So the Attorneys for Hazel Green were confident enough to file legal papers on the 21st of February, a few days before the BOS public meeting on Hazel Green, that Mariposa County would join them in the lawsuit. (It is underlined below!). Also kind of funny, it says that Hazel Green will join Mariposa County, not that Mariposa County will be joining Hazel Green in this lawsuit. I asked Mariposa County Board of Supervisors Chairman Lyle Turpin on Tuesday March 25, 2008 if before the public meeting of Tuesday February 26, 2008 if the BOS had any idea which way they were going to vote on the Hazel Green issue. He assured me that no, they did not know which way they were going to vote that day. So after listening to public comment where no one from the public but Mr. Geyser was for Mariposa County suing the Park Service, the BOS voted 3-1 with Mr. Pickard not available, but since has stated he is on board with this suit against the park. Brad Aborn, Dianne Fritz and Lyle Turpin were the supervisors who voted yes on the vote with Janet Bibby voting no. So we come to this: Who is telling the truth in this matter, (1) the attorneys who filed the paper work on the 21st that Mariposa County was more than likely with them or (2) Mariposa County Chairman Lyle Turpin that said they (The BOS) had no idea which way they were going to vote! We do know one thing, that the will of the people of Mariposa County was not carried out that day. Questions remaining: (1) How or why did Mr.Geyser's attorneys think that Mariposa County was going to join them in this suit if the BOS had no idea which way they were going to vote? Call your supervisor and ask them about this vote. (2) Was Mariposa County CAO Rick Benson involved in this? (3) Mariposa County Legal Counsel Tom Guarino, what were his comments to the Hazel Green lawyers? Since the county is commenting on Hazel Green on the county website maybe they will post the Indemnity Agreement between the County and Hazel Green and please point out where it says (Because we cannot find it!) what would happen if Hazel Green LLC decides to go bankrupt and the Park Service comes after the county for legal fees. If the county will not post this Agreement we will in a few days! We heard Supervisor Brad Aborn said at the Midpines Planning Meeting that the county had an 'Escape Clause' in this agreement, but we cannot find that either. |
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| Thursday 4-03-08 MERG and the Sierra Club join in a lawsuit against the county:  .PDF file about (2M) |
| Tuesday 4-15-08 At the Tuolumne County Board of Supervisors meeting for March 11, 2008 Hazel Green LLC. approached the county about the Big Oak Flat Road ownership. As you can see in the right hand column the BOS unanimously denied in joining Mr. Geyser and Hazel Green LLC. and directed county counsel to contact the county insurance carrier on this matter. To read the minutes: Board of Supervisors' Minutes At the scheduled Mariposa County BOS meeting today Hazel Green is back on the agenda for a Closed Session. We will hold off on more information that we have until after the BOS meeting to see what the BOS has to say when they come out of closed session. But we will say they are under a deadline to get something changed! Mr.Balmain is apparently a paid consultant to Mr. Geyser and Hazel Green LLC. Would have been nice at the BOS meeting on February 26, 2008 when he approached the board and said what a great project this Hazel Green is! Here is Mariposa County Clerk Margie Williams in her minutes of the meeting: Doug Balmain noted that as a former Supervisor, he can remember having to sit for long hours through meetings. On behalf of Hazel Green, he advised that he has walked the property and has been on the roads being discussed, and he referred to the proposal of ten years ago - he stated he views this as a good thing for the Park and the environment, visitors of the Park and for the County. He feels that what has been said is to promote an agenda versus being the facts; and he noted that the County has also worked with the Park on projects, including the compost facility. He feels we should be working together with the Park and not be adversaries. He noted that Mariposa County built the road and it has never been bought by the Federal government. 02-26-08 SummaryWe would have to listen to the tape and see if Mr. Balmain was speaking on "Behalf" of Hazel Green as a consultant or just a concerned citizen! Make sure to read the .PDF file above this posting on the MERG and Sierra Club Lawsuit. Remember Supervisor
Janet Bibby was the only supervisor that voted no on the encroachment permit! |
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| Thursday 4-24-08 Curious? It is looks like the encroachment permit application has been cancelled. Wonder why? The BOS (Except for Janet Bibby) agreed with County Counsel that a permit was not needed. Coming out of closed session this week, Lyle Turpin said direction was given. Curious? An email mentioned why Mariposa County is mentioned first in some of the court paperwork. This is why! Hazel Green LLC. could not file a R.S 2477 ( Revised Statute 2477, or RS 2477 as it is commonly known, dates from 1866 when it was included in the Mining Act of 1866. The statute was meant to facilitate western expansion. Its language, all 20 words if it, was simple: "The right-of-way for the construction of highways over public lands, not reserved for public uses, is hereby granted.") Only states and counties can file an R.S. 2477. So Mr. Geyser had to find a way to get Mariposa County and/or Tuolumne County involved so they could sue the govt. over ownership of the road. So Mariposa County says yes this is great we own the road and Tuolumne County says no thank you! Read their response in the right hand column. Court Date is set for May 5, 2008 in Fresno, California No we have not forgot about the lost in the woods story, we are just waiting on some paperwork before we mention it. But we will say: Amazingly these two guys (Current Mariposa County Board of Supervisors Chairman Lyle Turpin and former Supervisor Doug Balmain now a paid Hazel Green consultant!) were out in the snow in the dark when they could have read what the road was like in one of the links on the Sierra Sun Times! Here is the link listed again: A Trans-California Ramble: Re-walking John Muir's 1868 trip from San Francisco to Yosemite |
Tuolumne County Response to joining the lawsuit The COUNTY OF TUOLUMNE, a political subdivision of the State of California, hereby joins in the opposition filed by the UNITED STATES DEPARTMENT OF THE INTERIOR opposing the Plaintiff's amended motion to join Mariposa and Tuolumne Counties as parties to this action. If this Court grants the Plaintiff's amended motion, the COUNTY OF TUOLUMNE, by and through its attorneys of record, Tuolumne County Counsel's Office, hereby disclaims any interest in the roads which are the subject of the Plaintiff's action, to wit, that portion of road labeled Number "2" and designated "Historic Crane Flat Road/Old Yosemite Road" on Exhibits C and D of THE NOTICE RE SUBMISSION OF MATERIALS RE MANDATORY SCHEDULING CONFERENCE, filed on August 15, 2007 in this case, Civil Action NO.1 :07-CV-00414 OWW-SMS. Said portion of road is located in Section 15 and Section 14, Township 2 South, Range 19 East, Mount Diablo Meridian, Tuolumne County, California. Defendant, COUNTY OF TUOLUMNE, shall make no further appearances in this matter unless it is determined that it does have some interest in the property which is subject to the plaintiff's action. Dated: April 18, 2008 TUOLUMNE COUNTY'S JOINDER TO OPPOSITION OF DEPARTMENT OF INTERIOR'S OPPOSITION TO PLAINTIFF'S AMENDED MOTION TO JOIN MARIPOSA AND TUOLUMNE COUNTIES, OR IN THE ALTERNATIVE, TUOLUMNE COUNTY'S DISCLAIMER OF INTEREST Case 1:07-cv-00414-OWW-SMS Document 58 Filed 04/18/2008 Page 2 of 4
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Have Questions? Here are your Supervisors |
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| District 1 - Brad Aborn | baborn@mariposacounty.org |
| District 2 - Lyle Turpin | lturpin@mariposacounty.org |
| District 3 - Janet Bibby | jbibby@mariposacounty.org |
| District 4 - Dianne Fritz | dfritz@mariposacounty.org |
| District 5 - Bob Pickard | bpickard@mariposacounty.org |
| Rick Benson | County Administrative Officer | rbenson@mariposacounty.org |
