The
FKG Group, LLC
Fred
Kelly Grant
Maryland
Bar 1963
GEORGE KORNEC and PHIL
NAPPO-----are names you should know and
remember. The government they risked their lives for in the Korean
and Viet Nam Wars is booting them off their property to kill their
livelihood.
George and Phil are
skilled miners who know how to mine and protect the natural
environment at the same time. Quality of water from their site is
higher than that of Montana cities’ drinking water. Their site is
better managed than the burned, dying, and overgrown forest lands
surrounding them. They manage better than the Forest Service.
They have survived years
of bullying by arrogant, non-caring Forest Service bureaucrats. To
top it off, the United States government has now sued them----the
same government for which George, 81, served in the Korean War and
later in a life,a threatening secret mission in Cuba--- the same
government that Phil, 65, served in Phan Rang, Viet Nam.
I have stepped in to help
them, along with a bright young Great Falls attorney, Josh Campbell,
and a carefully chosen trial team of investigators and paralegal
support. We are not just defending George
and Phil; we are fighting back,
arguing that their claims are private property rights under the
Mining Laws of 1866, 1870 and 1872---laws the Forest Service chooses
to ignore or bypass. You can see that all of you who use the Forest
benefit from victory.
This is the case that has
every issue: access denied, an RS 2477 given away by the county to
the Forest Service, a charge of abandonment of rights under a law
inapplicable to George and Phil, and a charge of damaging forest
resources when in fact the exact opposite is true.
We have counter-sued the
Forest Service to stop their bullying tactics. For years, miners have
urged me to litigate the issues included in this case. At 79, I
decided it was time. As Robert Kennedy asked “If not now, when; if
not us, who?” Josh agreed, so here we are!
On October 1, we filed an
Amended Answer and first Counterclaim seeking declaration of private
property rights for George and Phil. A copy is attached.
Everyone can and will be
affected by this case. You know who you are---you graze, log, mine,
ride and walk the trails and roads, exercise water rights, pick
berries, cut firewood and Christmas trees. You win when we win!
But, here’s the thing,
we can’t win without YOUR FINANCIAL SUPPORT.
To be brutally honest, we need YOUR
HELP to pay the bills for Victory. George
and Phil are prevented from getting revenue from their mine. They
need help to pay Josh, myself and the trial team.
I have never personally
asked you for money, but this case is too important to lose.
Please visit www.standandfightclubinc.com
to donate $20.00 or more to HELP US DEFEAT THE HEARTLESS BUREAUCRATS
WHO REPAY OUR VETERANS BY TAKING THEIR PROPERTY. Our trial team will
put our heart and soul into a victory.
Please look for an update soon on this case at this blog.
And finally we have the new donation button for the Miners legal defense fund that goes directly to their bank in Lincoln Montana.Please look for an update soon on this case at this blog.
I just sent a copy of the email and this statement to Presidential Candidate Donald Trumps campaign. I have asked him to go to Montana, and see if he can help these 2 veterans in this cause.....
ReplyDeleteHave the parties claimed the land patent into their names? If not, then the land no doubt is held under equitable title which is evidenced by a warranty deed, and with that, the "owner" has few if any rights. Most attorney's haven't used this method of securing absolute title to the land. In addition to that, there's a little caveat that can be done that makes the patent virtually judgment proof. It's not hard to do, just time consuming. If they need assistance creating a Declaration of, and Claim of Rights in and to Land Patent, Paul has my email address and can let me know how to get in touch directly. The last federal court case involving a land patent was Suma Corp. v California and up until then all cases had been decided in favor of the patent holder. The court said they would hear no more for that reason as the holder of the patent trumps everything in equity.
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