Lawsuit: Desecration of Native American Remains – Hearing Update April 22, 2014

A quote from Dan Jones former chairman of the Ponca Tribe of Oklahoma and Vice Chairman of the Oklahoma Indian Affairs Commission, that Walter & Karen asked Pat Webb to read into the record yesterday: “You’ll Mock Death But Once! I ask the Muscogee Creek Nation of Oklahoma to excuse me for speaking about your relatives. The act of tampering with the graves of your ancestors affects us as well. I am deeply bothered by it. Why … Continue reading

Lawsuit Documents – Desecration of Native American Remains

Complaint filed April 7, 2014 Link Temporary Restraining Order and Preliminary Hearing for Injunctive Relief April 16, 2014 Link JIV Amicus Brief Opposition Link Temporary Restraining Order and Injunction Reply April 21 Link … Continue reading

April 17 – Lawsuit: C.W. Driver and Caltrans Desecrate Families Human Remains

Post by Jamul Action Committee – Jamulians Against the Casino. C.W. Driver and Caltrans Desecrate Families Human Remains Trying to Build Casino on Cemetery in Jamul In February, builder C.W. Driver began digging up the human remains of the families of Native Americans, Walter Rosales, Karen Toggery, from their lawful grave sites in order to excavate an 8 story underground parking structure for a 1 million square foot casino on the cemetery in Jamul. The families remains were then … Continue reading

Press Release – Lawsuit – C.W. Driver and Caltrans Desecrate Native American Human Remains

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April 15, 2014
Jamul Action Committee

Contact: Glenn Revell 619-787-7356

CW Driver & Caltrans Desecrate Native American Human Remains during effort to build a casino in Jamul!!!

A lawsuit has been filed in Superior Court of California, County of San Diego on behalf of Native Americans, WALTER P. ROSALES, KAREN TOGGERY and the ESTATE OF HELEN CUERRO, ESTATE OF WALTER ROSALES’ UNNAMED BROTHER, ESTATE OF DEAN ROSALES, ESTATE OF MARIE TOGGERY, ESTATE OF MATTHEW TOGGERY. The remains of their family members have been excavated along with the spoils of excavation for the proposed casino in Jamul. Their remains were then unceremoniously trucked to a location near the border with Mexico and deposited along with fill dirt on the construction site for the state’s SR125 & 905 new freeway interchange.

Caltrans and CW Driver have been on notice for years, that Walter & Karen’s families and their associated funerary items were buried on the proposed excavation site.

Jamul Action Committee President, Glenn Revell said, “I cannot comprehend the pain this must be causing Karen and Walter and the other families!  The bulk of the proposed development site has been used as a burial ground for many years. There have been numerous warnings that excavation should be done with the utmost care in order to honor the memories of those buried on the site.  It is reprehensible that the developer would proceed with such disregard for the dead.

Our organization seeks to serve as an advocate for improved quality of life for all who live, work and visit Jamul.  I feel Walter and Karen have been failed on a much deeper level.  I am confident the court will remedy the injustice and harm that has befallen the Rosales and Toggery families — both living and deceased — at the earliest opportunity“.

San Diego Superior Court Case #37-2014-00010222-CU-PO-CTL
http://www.sdcourt.ca.gov/portal/page?_pageid=55,1641155&_dad=portal

The families are represented by Patrick Webb:
http://www.webbcarey.com/

Webb & Carey APC
402 West Broadway Ste 1230
San Diego CA 92101

Tel: 619-236-1650
Fax: 619-236-1283

10 News Story: http://www.10news.com/news/relatives-say-bodies-were-exhumed-during-excavation-for-jamul-casino-041514

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April 16, 2014
Jamul Action Committee

Attorney Patrick Webb scheduled to appear today on behalf of the Native American families from Jamul.
The case was heard before The Honorable Ronald S. Prager, Department 71 of The Superior Court of California San Diego at 8:15AM.

The matter before Judge Prager is the unwarranted excavation and removal of the interred remains of family members memorialized at the proposed casino site in Jamul.

Update – April 4, 2014

We have exciting news on the information front. We continue to make every effort to inform all of our friends, neighbors, and visitors of the continuing battle to halt the proposed commercial gambling development.

Current efforts are moving forward to provide speakers for the neighborhoods that have requested an informational presentation and a question and answer period in small groups. If you have not yet contacted us to get on our schedule please let us know what date and time is best for your group and how many you expect to attend. We’re happy to speak with 2 to 200 just let us know how we can help you to organize and when you need us!!! Your JAC team has contacted a number of local, state and federal agencies and is providing them with information critical to their ability to protect and assist us during emergency situations.

We will also be staffing an information booth at the 6th Annual Jamul Kiwanis Hot Rod Chili Cook-off on April 12th from 9AM to 3PM. This is a rain or shine event and is hosted at Pio Pico Thousand Trails, 14615 Otay Lakes Rd. Jamul, 91935. Please come out and support this worthy event.

Please remember, your JAC board and general membership is comprised of volunteers and they receive no funds from your donations to JAC! Our paramount need is to raise sufficient funds to pay our legal team as they prepare and present our State & Federal court cases!!! Please contribute!!!

Resurfacing of SR-94 – Project Updates – Comments from the Community – Caltrans/CHP Updates

Received in mailboxes along SR 94 on Monday March 31, 2014. Jamul residents concerned over Caltrans project, Caltrans says safety measures are in place 10News contacted Caltrans to get some answers. Caltrans media relations officer Cathryne Bruce-Johnson told 10News in a prepared statement, “Caltrans is on record as saying we could have done a better public outreach effort in advance of the roadwork, but with that stated, reviews of the construction zones during the past two days … Continue reading

Update – March 28, 2014

JAC received good news this week in our state lawsuit against CalTrans from our lawyer, Steve Volker. The court is reviewing our request for immediate relief, and will be letting us know, when we can have an expedited hearing date. In our federal lawsuit against the NIGC, our lawyer, Ken Williams, informs us that the government is required to provide us with a record of what the NIGC is allegedly reviewing with regard to JIV’s … Continue reading

Fatalities SR 94 Jamul and Surrounding Roads – 2001-2013

Update – March 21, 2014

Our attorney, Steve Volker, and JAC representatives, Marcia Spurgeon and Glenn Revell attended a confidential “settlement conference” was held in the Caltrans offices this Thursday, March 20, 2014. Such a conference is the precursor to being heard on the case we’ve filed against Caltrans. There was a frank exchange of opinions and we were more than adequately represented by our environmental attorney, Steve Volker. Caltrans produced an entire box full of documents that will be … Continue reading

California SB 406 – Tribal Court Civil Judgement Act

July 2011: Comment on California Courts to Enforce Tribal Court Judgments The proposed legislation seeks to clarify and simplify the process by which tribal court civil judgments are recognized and enforced in California. Currently, tribal court judgments may be recognized through the provisions of the Uniform Foreign-Country Money Judgments Recognition Act (Code Civ. Proc., §§ 1713 –1724).1 Proceeding to obtain enforcement under that act can be lengthy and costly. This proposal would institute a discrete … Continue reading

March 2014 Update

Update from Attorney Pat Webb – Great news! This just in on our lawsuits… Our state court lawsuit against Caltrans has been assigned to Sacramento Superior Court Judge Michael Kenny. He’s the judge that shot down the bullet train proposal on many of the same environmental claims. We will relay the date for our upcoming state court hearing as soon as we receive it from the Sacramento  Superior Court. Our lawyer, Steve Volker, is in … Continue reading

JAC Update – February 28 2014

Some JAC members have been discussing the continuing excavation of the JIV site and its relationship to JAC efforts to prevent this development. If you attended the February 5th community meeting, you may have heard that we planned to ask the courts for an injunction. This was intended to stop the hauling of excavated materials over Hwy 94 until our other court actions can be heard in State and Federal courts. Please understand that in … Continue reading

JAC and JCC Lawsuit Against NIGC/BIA/DOI

Jamul Action Committee (JAC) and  Jamul Community Church (JCC)  v. National Indian Gaming Commission(NIGC)/Bureau of Indian Affairs(BIA)/Department of the Interior(DOI) Brief Overview of the Lawsuit Filed in U.S. District Court, Eastern District of California, Sacramento 4 claims triggered by NIGC’s “Indian Lands Decision” (ILD) First published by NIGC in Federal Register April 10, 2013 Notice to Prepare Supplemental Environmental Impact Statement (SEIS) for Approval of Proposed Gaming Management Contract between JIV and San Diego Gaming Ventures, LLC (Penn National Gaming) … Continue reading

Jamul Action Committee Lawsuit Against Caltrans

In response to the JIV and Penn National Gaming comments in the media from coverage of our Community Meeting. Continuing to seek preference and special treatment, Raymond Hunter falsely claims that JAC and the County’s lawsuit against Caltrans will “overturn a sensible plan for traffic safety.” First, what he calls a sensible plan is 2 flagmen, and few extra CHP patrols, while allowing what they claim will be 14,000+ trucks to stop traffic on Hwy … Continue reading

February 5th Community Meeting Screen Presentation

Below is the Community Meeting Screen Presentation from February 5th. We will have the video of the entire meeting posted in a few days. Thank you to the 600+ pepole last night that we in Jamul are United in this Fight and We Will WIN! … Continue reading

Caltrans Approved TMP

The following is the “approved” Traffic Management Plan from Caltrans to allow the JIV/Penn National to begin excavation and removal of the 220,000 cubic yards of rock and dirt.

The TMP was received on December 17, 2014 and approved on December 20, 2014. Caltrans took a whole 3 days to review and approve. When has Caltrans ever moved that fast? Tell us what you think.

Ninth Circuit Court of Appeals in California Gets it Right

Ninth Circuit Court of Appeals – Big Lagoon Rancheria Appeals court ends casino plans: Ruling finds acres owned by Big Lagoon Rancheria not considered ‘Indian lands’ http://www.times-standard.com/localnews/ci_24974933/appeals-court-ends-casino-plans-ruling-finds-acres The Big Lagoon Rancheria will not be building its Big Lagoon Casino and hotel as planned after the 9th U.S. Circuit Court of Appeals found that acres owned by the rancheria were not considered “Indian lands,” according to the Tuesday court decision. http://www.courthousenews.com/2014/01/21/64717.htm SAN FRANCISCO (CN) – Barring … Continue reading

Video

Penn National Gaming at BofA Merrill Lynch Conference

Penn National Gaming at Bank of America Merrill Lynch Leveraged Finance Conference

December 4, 2013

Excerpts of 30 minute presentation.

They are looking for money to finance the JIV project which still does not have funding. Penn National has NOT been granted a management contract by the NIGC. There has been no movement at the NIGC/BIA regarding the comments that were sent in June 2013.

Original post regarding the Management Contract.

See the comments here from the planning group.

 

Caltrans Traffic Management Plan Proposal for JIV Construction

The Jamul/Dulzura Community Planning Group (JDCPG) Chair received a voice mail this afternoon, Friday December 20, 2013 stating that the Traffic Management Plan (TMP) has been approved as well as the Encroachment Permit to begin construction.

250,000 cubic yards of material to be excavated.

Where is all the excavated material going to be dumped?

Caltrans TMP Truck Route Overlayed on Google Earth Map

Caltrans JIV Draft TMP with Comments

Caltrans TMP Traffic Flagging Draft with Comments Letter received at Caltrans on September 13, 2013. Four days prior to the NOP Public Scoping Meeting where Caltrans was asked if they had received any information regarding the construction TMP.  Caltrans personnel denied receiving anything.

SR-94 TMP Traffic Handling Plan Maps of Truck Routing, Signage, Flagging

SR-94 Letter & Encroachment Permit Application

Additional References:

Encroachment Permit Guidebook – Caltrans

Road Naming Rules – San Diego County - JIV named the driveway on the old Rural Fire Station property, Daisy Drive. This property is under County of San Diego jurisdiction and there is no road named Daisy Drive in the County streets inventory. It is only a driveway.

Caltrans TMP Guidelines 

Penn National Gaming Fined by Pennsylvania Regulators and Paying off Border Guards

Pa. regulators fine 3 casinos, including Penn National, nearly $300,000 HARRISBURG, Pa. (AP) — Gambling officials have fined three Pennsylvania casinos a total of nearly $300,000 for violating state regulations. The Pennsylvania Gaming Control Board announced penalties Wednesday against casinos in Valley Forge, Philadelphia and Grantville. Officials issued a $200,000 fine to the Valley Forge Casino Resort for a promotion that circumvented a law requiring patrons to pay $10 to enter the facility. A spokesman … Continue reading

Governor Brown’s Office and the JIV

Letter to Jacob Appelsmith, former senior adviser to Governor Brown from JIV, Raymond Hunter August 23, 2013 Proposed MOU (Memorandum of Understanding) from JIV to Governor Brown, August 23, 2013 Letter to JIV, Raymond Hunter from Jacob Applesmith, former senior advisor to Governor Brown, August 27, 2013 JIV Press Release October 9, 2013 … Continue reading

Indian casinos have different set of laws

From the San Francisco Examiner columnist attorney Christopher Dolan: Indian casinos have different set of laws October 3, 2013 For the next several weeks, I will be addressing a legal topic that arises from a real case that my firm has been handling. It discusses a very unique, and in many instances unfair, application of the law applying to a group of businesses that routinely violates peoples’ legal rights with absolute immunity: American Indian tribes. … Continue reading

16,000 Homes In San Diego County At High Wildfire Risk

More than 16,000 homes in San Diego County are at a high risk for wildfire damage, with nearly 4,500 of those vulnerable properties located in Julian, Ramona and Alpine, according to a new report. The 2013 CoreLogic Wildfire Hazard Risk Report examined the residential properties potentially exposed to wildfire risk in 13 Western states. The high risk homes in San Diego County represent a combined total property value estimated at $2.5 billion. San Diego’s high-risk homes aren’t necessarily … Continue reading

Letters to Caltrans – Highway 94 Improvement Project – NOP Scoping Responses

County Supervisor Dianne Jacob County Planning and Land Use Department Jamul/Dulzura Community Planning Group Jamul Action Committee Deerhorn Valley Community Association US Fish and Wildlife Service California Department of Fish and Wildlife … Continue reading

Caltrans SR-94 Improvement Project

Reality of SR-94. How much more blood does Caltrans want on their hands?   Download: SR-94 Improvement Project Slide Show Fatalities SR-94 Jamul and Surrounding Communities 2000-2011 (Click on slides to enlarge) Some questions you may want to ask Caltrans. Slide 1 – Key Steps in Environmental Process Slide 2 – Key Plan Red Intersections – Not on Caltrans NOP to Improve Blue Intersections – County Road Intersections Slide 3 – Proposed SR-94/Jamacha Blvd. Improvements – … Continue reading

COMPACT REFERENDUM: Ballot November 2014

Keep Vegas-Style Casinos Out of Neighborhoods When California voters approved Proposition 1A in 2000, they were specifically promised that casinos would be limited to Indian land and not permitted in neighborhoods and urban areas. The legislature recently approved a gaming agreement for the North Fork Tribe, which has land eligible for gaming in the Sierra Mountains, but was recruited by Las Vegas-based casino operator Station Casinos for a more lucrative casino location land off Highway … Continue reading

Lawsuit – JAC/JCC v. DOI/BIA/NIGC

OUTLINE OF NEW LAWSUIT  Jamul Action Committee (JAC) and  Jamul Community Church (JCC)  v. NIGC–DOI–BIA U.S. District Court, Eastern District of California, Sacramento  4 claims triggered by NIGC’s “Indian Lands Decision” (ILD)  First published by NIGC in Federal Register April 10, 2013 Notice to Prepare Supplemental Environmental Impact Statement (SEIS) for Approval of Proposed Gaming Management Contract between JIV and San Diego Gaming Ventures, LLC (Penn National Gaming) 1.         Violation of Indian Reorganization Act (IRA) … Continue reading

Caltrans Public Scoping Meeting September 17th

Comments from Attendees: “Although CalTrans had this meeting when we discussed it with one of the “Caltrans” employees there, his response was “if they make the improvements” WE CANNOT STOP THEM.  Then he actually laughed! He laughed at me and another woman trying to make a point.  I asked him if he thought it was funny.  I couldn’t believe the representation.  I tried to stress that a couple turn lanes and some stop lights would not … Continue reading

How a Casino In Jamul Will Forever Change This Rural Community

By Michael Casinelli Some of you might know me, as I am in my second term as one of your elected members of the Jamul Dulzura Community Planning Group. However, this communiqué is strictly my personal comments and views. I am writing this article because I believe that many residents cannot visualize how a casino in their midst will change our rural community in a permanent and very negative way. The lack of understanding could … Continue reading

Highway 94 Fatal Accidents Map 2000-2011

Borrowed from the Highway 94 Club history. Jamul had its share of treacherous curves and one of the worst was called the “Goat Lady’s Curve”, west of downtown Jamul.  This short stretch of road claimed its share of accident victims before it was straightened and widened. It was poorly engineered in its original design, even for the few slow moving vehicles of early days (it followed an ancient cow path that once wandered through Jamul).  … Continue reading

Tribal Money and the Government 2000-2012

The individual links below will take you to each tribe information. Tribes that have a gambling casino, still receive and ask for moneyfrom the Federal government. Non-gaming tribes receive $1.1M from the gaming tribes in the State of California, in addition to Federal money. Before the National Gambling Impact Study Commission Statement of Prof. Joseph P. Kalt Harvard Project on American Indian Economic Development John F. Kennedy School of Government Harvard University March 16, 1998 Quoted … Continue reading

San Diego County Legal Counsel Letter to Caltrans Legal Department

San Diego County Counsel sent this letter to Caltrans legal. This is in response to a meeting with local Caltrans personnel, JDCPG members and members of the community. Caltrans stated they had “lot’s” of cases where they didn’t require CEQA for an encroachment permit to begin construction. Ms. Janet Mulder said please give us some examples. Please read the letter and send your personal letters to Caltrans District 11  Director Laurie Berman on why they should … Continue reading

March 10-13, 2007

Seven years ago, on March 10, 2007, the residents of Jamul came together to protest the eviction of Karen Toggery, her son and Walter Rosales from their houses and land. The members of the Jamul Indian Village at the time, threw Karen and Walter and the Thing family off the tribal role because they did not support building a casino on their sacred land.  Then evicted Karen and Walter from their homes for which they … Continue reading