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 the course of opposing the development, many legal strategies have been considered. Our legal team was concerned that if we pursued that course of action, while it might’ve come more quickly, the court could reverse it making the effort ineffective. We feel a more permanent solution is to file litigation that strikes at JIV’s very ability to enter into a gambling venture. Our legal team believes this to be our most effective course of action; an opinion with which we agree completely. That case has been filed, and we expect to be heard at a March hearing date. Clearly, the downside of this strategy is the delay prior to being heard. That frustration is made more evident as we see excavation and hauling coming from the site.

It is important to remember as we move forward, that this is a battle our community has fought for many years. Simply stated, it has been a marathon and not a sprint. The mission of your JAC board is to make this the final battle; one in which the community’s interests will prevail for the future. Keeping that in mind, please do not be disheartened by what we see every day. We believe JIV and the developer are well aware of the legal question standing unresolved in the court. Accordingly, we believe they are proceeding at great peril to the financial interests of those parties, but that is their calculated decision. Remember our legal course of action is intended to halt the development once and for all!!!

Let’s review the three reasons we oppose the development;

1. We believe the JIV lacks the authority to operate a gambling enterprise. The site was given in a Grant Deed from the Daley Family which is held in trust by the United States government for the benefit of seven families. Not every group of Indians has such authority and that will be argued in court by our legal team.
2. The size of the proposed development is completely disproportionate to our community. It is nearly four times the size of the largest Wal-Mart Supercenter in the United States; a supercenter that is accessed by two separate four lane highways and one four lane frontage road! In contrast, we have one tiny two lane Highway 94. It is reprehensible that any developer seeking to be a good neighbor would even consider a development of this scale.
3. We believe there will be significant and ongoing harm to the community in the form of excessive traffic congestion, noise and light pollution, and the risk that our property values will suffer, by some estimates by as much as 30 percent.

What can you do? Remain vigilant, patient, committed and strong in every sense of the word. Continue to help fund the legal battle as it moves toward its most critical phase. Our legal team is comprised of nationally recognized attorneys who firmly believe our position is factually strong and that we will prevail. The fight requires energy in the form of resources – both human and fiscal. Please donate! It is an investment in our future and the best chance to eliminate the threat of such a development forever!!!

Donate to JAC

Please support JAC with your donation to our legal fund. Please send your donations to:
JAC
P.O. Box 1317
Jamul, CA 91935

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