Saturday, October 29, 2011

Court Rules Los Coyotes can Toss Eagle Rock from Reservation

Court denies training center's temporary restraining order

A federal judge ruled Friday that the Los Coyotes Band of Mission Indians can evict a military training center off its North County reservation.

The Eagle Rock Training Center is the site where a fire started July 21 and burned about 22 square miles.

The firm, which leased the land on the reservation for the training facility, filed a lawsuit in federal court Sept. 15 after the tribe attempted to evict the business from the reservation.

Attorneys for Eagle Rock asked the Judge William Q. Hayes to issue a temporary restraining order to keep the tribe from pushing them out.

On Friday, Hayes denied their request.

At issue is whether the tribe's then-chairwoman, Francine Kupsch, had the authority to agree to the lease on behalf of the tribe.

Hayes said she did not.

"ERTC has failed to present any evidence to show that the Los Coyotes General Council authorized any version of the lease," Hayes wrote.

Sean Roach, Eagle Rock's CEO, declined to comment Friday night.

After the tribe gave the training center an eviction notice in June, Eagle Rock officials said in court documents that they attempted to negotiate with the tribe to clarify the lease agreement, but that tribal officials "failed to negotiate in good faith," according to the lawsuit.

Earlier this month, Mark Radoff, an attorney for Los Coyotes, told the North County Times that the tribe can not be sued because of sovereign immunity and that there was no lease agreement because it was never approved by the U.S. Bureau of Indian Affairs.

Eagle Rock officials said in court documents that they were told the tribal council had voted and approved the lease and that the chairwoman signed a lease agreement that included a waiver of the tribe's sovereign immunity.

Hayes cited previous rulings that say "sovereign immunity cannot be implied but must be unequivocally expressed" and that there is a "strong presumption against waiver of tribal sovereign immunity."

The firm also alleged that the dispute over the lease agreement and the tensions it created between the tribe and the company may have led to the fire.

Two tribal members were arrested shortly after the fire and charged with arson for setting a guard shack belonging to Eagle Rock on fire. Both men have pleaded not guilty to the charges.

"Members of Los Coyotes even threatened to take matters into their own hands if ERTC did not vacate the property," according to court documents. "Tragically, such threats came to fruition when the tribe allowed certain tribal members to take matters into their own hands by pouring gasoline on the ERTC's security booth and lighting it on fire."

No comments:

TVT has welcomed more than 178,000 unique vistors

TVT, founded in December 2006, has averaged more than 20,000 visitors annually. It is produced with the support of scores of individuals from coast-to-coast, each a volunteer citizen activist/jounalist, who review tips and compile the verifiable details and documents that are the hallmark of our content.

Since our first post, more than 178,000 visitors have accessed the details compiled uniquely at TVT.

The citizen activists behind TVT wish to extened a big "THANK YOU" to all those who have provided "tips" -- contributed pictures, documents, link suggestions, leads, reports, insight and comments. Your trust and confidence in TVT has allowed us to create a comprehensive resource that thousands of others -- including bloggers, journalists, Members of Congress and other local citizen activists around the country -- have come to rely upon.

We invite feedback and constructive comment and want you to know you are welcome to do that here in "comments" or by contacting us directly and confidentially via

Google News: Indian Gaming

NEWS: Bay Mills Indian Community & Casino Proposals

NEWS: Shinnecock Indian Nation (Gateway Casino Resorts) Casino Proposals

NY Times: Shinnecock Indian Nation

NEWS: Los Coyotes Indian Tribe

NEWS: Los Coyotes / Barwest Barstow Casino Proposals

NEWS: Michael J. Malik, Sr.

NEWS: Marian Ilitch Mapping Social Networks

Play with the interactive tool here or visit

TIP: Search for multiple entries in the database simultaneously by separating their names with the word and

certainly must reads!

Ilitch has backed loosing sports teams and pizza, but casinos in Detroit? 10.09.06 ● Marian Ilitch #1 on "25 Most Powerful People" to Watch 2006” global gaming business o1.oo.o5 ● My Kingdom for a Casino Forbes 05.08.06 ● Big Lagoon’s casino dream awakens north coast journal 07.28.05 ● Shinnecocks launch legal claim to Hamptons land 06.16.05 ● Ilitch Plans to Expand Casino Empire 07.05.05 ● Ilitch outbids partners 04.14.05 ● Ilitch enmeshed in NY casino dispute 03.20.05 ● Marian Ilitch, high roller 03.20.05 ● MGM Mirage to Decide on Offer for Casino in Detroit 04.16.05 ● Secret deal for MotorCity alleged 02.15.05 ● Los Coyotes get new developer 02.08.05 Detroit casino figure to finance Barstow project 07.07.03 ● Indian Band trying to put casino in Barstow 06.04.03 Pizza matriarch takes on casino roles 10.23.02 ● Vanderbilt gets short straw in negotiations for a casino Lansing Journal 10.06.02 ● Indians aim to drive family from tribe in vicious dispute san diego union tribune 04.09.00 ●Malik owns 2000 Michigan Quarter Horse of the Year 01.01.00 ● Detroit Team to run Michigan’s newest Indian casino 05.23.99 Tiger ties tangle Marian Ilitch 04.29.99 ● Three investors must sell their Detroit casino interests 04.25.99 ● Partners’ cash revived election; They say money was crucial to Prop-E 04.25.99 Investors have troubled histories las vegas review journal 04.27.99 ● Investor served probation for domestic assault on 12 year old boy 04.25.99 Can a pair win a jackpot?: local men hope to... 03.17.97

The Verifiable Truth