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The Deal
C$35 for the Lobster Extravaganza, valid for lunch or early dinner (C$68 value)
- Choice of two lobster- and shrimp-stuffed avocados or two cups of lobster bisque
- Choice of two entrees: lobster sandwiches, lobster mac 'n' cheese, lobster shrimp mango and avocado salad, lobster pappardelle, or lobster risotto
Nautical Nellies Restaurant
Nautical Nellies Restaurant, celebrating its 20th anniversary in 2016, is no stranger to recognition. The eatery, which overlooks the city's inner harbour, has garnered multiple Open Table Diners' Choice awards in categories including Best Food, Best Seafood, and Best Overall. Fillets of wild Pacific halibut or Vancouver Island ling cod flake beneath forks, and shellfish, lobster, and Dungeness crab claws teeter on multi-tiered seafood towers. Diners can sample 10 varieties of oysters and rolls of fusion sushi. Grass-fed Angus steaks, aged for 35 days, are cooked to any specification, from well done to what chefs term "blue"— seared on the outside, with a cool centre and a scrawled-on frowny face.
Thanks to the work of wine director Betty Furneaux, Nautical Nellies' beverage programs are just as thoughtfully designed as its dining menus. Wine Spectator honoured the eatery's wine list with an Award of Excellence in 2011, 2013, and 2014. Cocktails range from beachy mojitos to the savoury double-prawn caesar with vodka, Clamato juice, and two black tiger prawns. The restaurant also dedicates a section of the menu exclusively to scotch.


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Tuesday's happen to be my favorite day of the week – mostly because I leave work at 1 pm and am home online shopping [I mean working on the computer, doing laundry and definitely NOT enjoying a glass of wine] by 2. Also because that means Monday is over and Friday is kinda sorta, well not really, but a tiny bit closer to almost here. The only real bummer about Tuesday's is that typically it's a day my husband expects me to get active in that whole D department. I'm talking about dinner people. What other D word would you think when referring to my husband? Oh right, dinosaur hunting.
I just made that up. My husband doesn't dinosaur hunt. Just thought I should clarify because I've heard that's quite an active and relevant hobby most men are into these days.
Anyhow, do I have anything of great substance to talk about today you ask? Do bears crap in the woods? Of course I do. I'm just trying to figure out what it is yet…
Lets start with what I'm currently doing. Nothing.
See, that was fun! Lets keep going.. Oh wait I know. Can we talk about washing windows for a second? Certainly none of you do that right? Have I ever told you how my mother washes her windows nearly every other day both inside and out and I'm not exaggerating even the tiniest bit over here. Regardless, my husband is currently on a kick that we need to wash our windows this week. I'm utterly confused about the whole situation. Wash them with what?!?!? And how? Better yet why? Isn't that what rain is for? He's trying to age us and I'm not happy about it. Forever 21 baby.
Do people my age still fit into their clothes? Moving on.
Yes, I have random photos of myself wearing a dress in this post that has nothing to do with the words I'm typing. It's a common practice I'm referring to as "lifestyle blogger disguised as a fashion blogger disguised as a lifestyle blogger" On Instagram I'm trying to be a fashion blogger but then I look at "real" fashion bloggers IG accounts and they all say "fashion blogger" and I'm all "living life one bowl of mac and cheese at a time" so I just don't really know what's going on anymore.

subset: commoncrawl


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Joined on Sep 4, 2011
Deleted pending purge: Another unnecessary disappointment. It really begins to look like a conspiracy, because it is simply hard to believe that among all the World's caera manufacturers there is not one designer capable of understanding what an underwater-capable camera should comprise.
Don't they understand that part of the market? Apply all the proper principles, get rid of all the useless crap, and what remains should be an indestructible camera capable of withstanding 10 Atm/Bar, with interchangeable lenses, with IR commands to wirelessly control the lighting accessories, etc. It can be small and coat-pocketable, and it WILL sell. It will be unique like Nikonos III, and usable in the rainy city, in the hospitals, in the depths, on boats, in mines and caves, in ultralight flights etcetera.
But no, they simply have to follow the half-chewn solutions of some "experts" who think they think... and we get products that fall short in every aspect, just to fit someone's idea of "pocketability".
Really sad.
I think there could be a more capable and serious rugged/underwater camera out there someday. The question remains how much are pro-sumers willing to spend before we enter the realm of professional equiopment and housings for them; replete with their astronomical prices?
As for the legendary Nikonos here is a re-post form a month ago:
Seems there was at one time an "Area 51" Nikonos :
For the serious underwater guys there are all sorts of housings for DSLR's and HD video equipment. They may be a better investment that that Hasselblad Lunar:
Personally I would like to see a pro-sumer level camera even if it didn't fit in my bathing suit pocket. Something like an underwater Canon G1X or Sony RX1 or NEX even a Fuji X Pro 1. If one of these were made, it would still be a $3.000 to $4,000 camera. Any takers?
Great images! B&W stuff is edgier, both stimulate my vertigo.
If you made a toilet brush with a teak wood handle and stainless steel wire it would probably last longer too.
Sound of crickets, tumble weed rolls past, dog looks away bored.
TruePoindexter: I'm excited - much of the cost is in materials and smaller production runs. Brass isn't exactly cheap after all.
Further not all photography is about absolute perfection - we frequently add vignetting back into our photos despite wanting lenses to have none. We want perfect flat fields of focus at high resolutions and yet spend a lot of time in post softening skin.
Appreciate this lens for what it is - a modern recreation of a classical lens design made with quality materials and generates a unique look. It's not for everyone but I find it quite attractive and will add it to my collection.
Glad to see some of the people here get what this lens is all about!
Dimitris Servis: I never want to hear complaints again about Cassegrain donuts.
Did you own one of those 800mm mirror lenses too? So nice to think I'm not alone.
I think it's always cool to combine old and new technologies. The Petzval lens represents just one part of the time line in lens development; Double Gauss, aspheric and ED glass may seem prehistoric someday. It's interesting too how we all clamor for the sharpest of the sharp but want to soften things up as well. Two that come to mind were the various Softars I bought for my Hasselblad system and the 150mm Mamiya lens with insertable soft discs. Neither were cheap!
I was thinking of a really good April Fool's camera parody after reading about the Lunar and the Vario but alas, pathetic reality trumps fiction. Again.
ABM Barry: I have a good solution:
A web site should be established containing a list of NAMES of those shallow sods that have been stupid enough to be conned into making the purchase of any RE-Badged Stellar priced fashion accessory. (I don't class them as cameras)
The HusselBlunder Lunatic has a BODY ONLY price of $8,300 in Australia !!!
For those that aren't aware: "IT'S JUST A SONY NEX-7"
I'm told that it also just ships with the very ordinary Re-Named SONY/SUNY Kit lens!
And the HasselBlunder Stellar is, ... Wait for it! :
"IT'S JUST A SONY RX-100" priced at USD$3200 !!!!!!!!
Now, "Off you go, it's time to take your Yellow pills"
I think you're onto something here - I don't think that revealing their identity would be appropriate (or interesting). Rather, I would suggest sightings, complete with photographs of these "partnerships" in the wild. Something similar to what birders do.there's a website called people of Walmart along similar lines.
What would Victor Hasselblad say about all of this? An inventor, entrepreneur and a gentleman. Shame on them!
fuxicek: I wonder, if they include Allen key for unscrewing the hand grip?
Hammer and chisel will work just fine. Be sure to use a bench vice and wear safety glasses (safety first, you know). Also, please record the entire grip-ectomy for our viewers. I hear Sony makes some excellent video cameras.
Clint009: It is one of the most beautiful camera design I've ever seen is this pocket camera sized.
Same specifications as the 20.2-megapixel Sony RX100, which features a 1-inch sensor behind a bright 3.6x (28-100mm), f/1.8 Zeiss-branded lens in a compact body.
If the the mirrorless Hasselblad Lunar compact system camera, which went on sale last month for $7,000, is also based on a Sony camera (the NEX-7) and features wood or carbon fiber handgrip options, this Stellar Hasselblad would be at around $3000. ?!
It is looking it is the new tendency for high quality pocket size camera. Think also at Lumix DMC LF1, etc...
Leica with Panasonic, Sony with Hasselblad, etc...
Vinyl "alligator" shoes , Schmolex watches.
white shadow: Those travelling to Australia with this camera are sure to have their camera confisticated to be destroyed if they forget to declare it.
In Australia, they are very paranoid of allowing anything made of wood to pass through without quarantine.
Good luck if you have one.
I hear you have world class termites in the outback. Why not just leave them to nature?
Here we go again! Well, let's be nice; some people just feel more comfortable dressed in drag no matter the cost. I'm thinking about press on decals of all sorts (licensed of course) that we can paste on our favorite gear. The crowd that buys grills and fascias to make their Chrysler 300's look like Bentley's will surely go for this.
Stellar, eh? Stellar bad taste perhaps. The only Stella' I like is from this clip (wait through the advert.):
Other exciting news. Lexus has placed it's decals on Colnago bikes. Great cars, great bikes - not so sure if it will do for me until I see a bike rack on an LFA:
spencerspencer: It's good that the big players are being pushed out of the compact market. This means they will make fewer models that will have to be more carefully considered to meet the needs and expectations of the market segments remaining to them.
With hope, this will result in my dream camera becoming a reality.
What's that? What is my dream camera you say?
Doesn't need to be a DSLR but I'd love it if it had the features below.
Very high shutter speed
Phase and Contrast detect autofocus - or better
Full Frame
100% Viewfinder
Hyperfocal focusing mode - no guides or A-rings anymore
Something like Ricoh's snap focus
Focus Peaking
NICE BIG SCREEN (- maybe a pop out one?)
Smart Flash and Commander that isn't line of site.
This is very interesting. I'd like to start an ideal camera(s) thread. What do you think?
Cool. Frankencamera.
Well it does look less than a tub-toy than the Canon does, especially in all black.
I own a non-GPS-3 and am happy with it for what it is. Yes, I'd like to see something sturdier in so far as water sealing - I owned a Nikonos at one time.
Here's a link to an image I made last month:
|Fascia walkie talkie building London by ian herridge
from Abstract Architecture
|Global Reach by cjf2
from Battleship


text: Hana's Board NEWEST UPDATE Just joined TheSlap. I feel ready to take on anything! ;3 MOOD Ready for the world Hana's Pix My and my friend from Korea 1 of 135Add photo Retrieved from "http://victoriousroleplaying.wikia.com/wiki/TheSlap_Profile_-_Hana_Cho?oldid=67450" Ad blocker interference detected! Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected. Categories: Hana Cho Content TheSlap Profiles Add category Cancel Save


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Business TypeBuying Office
Main MarketsWestern Europe
Product/ServiceComputer Peripherals
Business OwnerTom Han
Employees5 - 10 People
Company TagsComputer Peripherals - Digital Products - Electronic Co Ltd - European Customer - Peripherals
Company Introduction
We are buying agent for our European Customer in China, we need different computer peripherals such as Mouse, Keyboards, USB Products, Digital products, Flash Memory, Cables & Connectors, Lens, and new products.
Contact Information
Contact PersonMr. Tom Han
Fax Number86-769-22704756
Post Code523048
Address5floor, Eastern Building, Ba Jiao Wo, Wan Jiang, Dong Guan, Guan
Online MapFtc Electronic Co. Ltd Map & Directions


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Edwin Pears
Sir Edwin Pears (18 March 1835 – 27 November 1919) was a British barrister, author and historian. He lived in Constantinople for about forty years and he is known for his 1911 book Turkey and its People.[1][2]
Early life[edit]
Pears was born on 18 March 1835 in York, England. He was educated privately and at the University of London where he took first-class honours in Roman law and jurisprudence.
Pears was called to the Bar at Middle Temple in 1870. He was also private secretary to Frederick Temple, then Bishop of Exeter, and later Archbishop of Canterbury. Pears was also secretary to various associations connected with social work in London.
Pears settled in Constantinople in 1873. He practised in the consular courts[4] and became president of the European bar there. He rose to become one of the leaders of the British colony in Constantinople.[5]
Pears travelled much through Turkish dominions, and studied Turkish history from both the Turkish and foreign perspectives.[6]
In this way, Pears acquired an intimate knowledge of Turkey. In 1876, as correspondent of The Daily News, he sent letters home describing Ottoman atrocities and the April Uprising in Bulgaria.[7][8][9] The letters aroused popular demonstrations in England led by William Ewart Gladstone.[6] [10]At the time, the reports of these atrocities were generally disbelieved and Pears' letters placed all the incontrovertible facts before the English people.[11][12]
In 1909, Pears was knighted, returning to London to receive the honour in person on 22 July 1909.[13]
In 1911, Pears wrote the book Turkey and its People. It is regarded as his most distinguished book. In that book, he displayed his expert knowledge of Byzantine Constantinople. The book contains original material on the nationalities of the Ottoman empire.[5] The book was an attempt to interpret Turkey to the western people.[6]
In 1916, Pears wrote Forty Years in Constantinople.[14] This book is regarded as essential reading for the study of the Ottoman constitutional revolution of 1908.[5]
Pears died on 27 November 1919 in Malta from an accident on his journey home from Constantinople.
Awards and decorations[edit]
- Knight Bachelor (1909)
- Commander of the Order of Merit of Bulgaria
- Knight of the Order of the Saviour of Greece
See also[edit]
- ^ Pears, Edwin (1911). Turkey and Its People (1 ed.). London: Methuen & Co. Ltd. Retrieved 19 March 2016 – via Internet Archive.
- ^ He is also author of the following books: Pears, Edwin (1880). The Fall of Constantinople Being the Story of the Fourth Crusade (1 ed.). New York: Harper & Brothers. Retrieved 31 March 2016 – via Internet Archive.; Pears, Edwin (1903). The Destruction of the Greek Empire and the Story of the Capture of Constantinople (1 ed.). London: Longmans, Green & Co. Retrieved 31 March 2016 – via Internet Archive.
- ^ National Portrait Gallery
- ^ "No. 25252". The London Gazette. 20 July 1883. p. 3681.
- ^ a b c Walker, Christopher J. (2005). Visions of Ararat: Writings on Armenia. I.B. Tauris. p. 105. ISBN 1-85043-888-9.
- ^ a b c Doran, George H. (March 24, 1912). "ALL THE TURKS; Sir Edwin Pears Writes Authoritatively on the Turkish Peoples" (PDF). New York Times. Retrieved 2008-05-15.
- ^ "Modern History Sourcebook: Sir Edwin Pears: The Massacre of Bulgarians, 1876". Fordham University. Retrieved 2008-05-15.
- ^ Frederick Moy Thomas, ed. (1904). Fifty Years of Fleet Street being the Life and Letters of John Richard Robinson (1 ed.). London: Macmillan. p. 183. Retrieved 5 June 2016 – via Internet Archive.
- ^ Pears, Edwin (1916). Forty Years in Constantinople, The Recollections of Sir Edwin Pears 1873-1915 (1 ed.). London: Herbert Jenkins Limited. p. 12-24. Retrieved 19 March 2016 – via Internet Archive.
- ^ Gladstone, William Ewart (1876). Bulgarian Horrors and the Question of the East (1 ed.). London: John Murray. p. 13. Retrieved 20 March 2016 – via Internet Archive.
- ^ Morgenthau, Henry (1919). Ambassador Morgenthau's Story (1 ed.). Garden City, New York: Doubleday, Page & Company. p. 256-257. Retrieved June 23, 2016 – via Internet Archive.
- ^ Страшимиров, Димитър Т. (1907). История на априлското въстание. III (1 ed.). Пловдив: Издание и собственост на Пловдивската Окръжна Постоянна Комисия. p. 360. Retrieved 23 June 2016 – via Internet Archive.
- ^ "No. 28275". The London Gazette. 30 July 1909. p. 5805.
- ^ Pears, Edwin (1916). Forty Years in Constantinople, The Recollections of Sir Edwin Pears 1873-1915 (1 ed.). London: Herbert Jenkins Limited. Retrieved 18 March 2016 – via Internet Archive.
- This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1922). "Pears, Sir Edwin". Encyclopædia Britannica. 32 (12th ed.). London & New York. p. 47.
- Kaul, Chandrika (2004). "'Pears, Sir Edwin (1835–1919)'". Oxford Dictionary of National Biography. Oxford University Press. doi:10.1093/ref:odnb/35437. (Subscription required (help)).


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Good Night Mattress (RB) - Mattress Sale!
https://t.co/qeVOwF52nP #bestbuysguide #goodnightmattress
We Polish Your Car Until It Sparkles Inside and Out, a Perfect Look in the CA Sun.
Carson Car Wash
One Of The Best Car Washes In Fountain Valley!
Go Green. Go Clean.
5-Minute Car Wash. Top of the Line Equipment!
We Wash Your Car With Cloth, Just Like You Would!
New Owner...New Attitude! Better Service!...and Much Faster!
100% Hand Car Wash. Serving The South Bay Since 1988.
Come And Experience The Ultimate Car Wash Around!
We Have The Complete Automotive Detail Center!
All New State-Of-The-Art Car Wash! Celebrating 40 Years in Torrance!
© 2017 Best Buys Guide


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Aunt Jennie's Favorite Pumpkin Cake
READY IN: 1hr 10mins
Recipe by JackieOhNo
Aunt Jennie is always sharing her favorite recipes, typing them up and mailing them to friends and family unsolicited. She has been doing that for years. I guess she was the precursor to sites like this one!
Ingredients Nutrition
- 4 large eggs, slightly beaten
- 1 cup sugar
- 1 teaspoon ground ginger
- 1 tablespoon ground cinnamon
- 3 cups pumpkin puree (about 1 large can)
- 2 cups evaporated milk
- 1 (18 1/4 ounce) package yellow cake mix
- 1 cup melted butter
- 1⁄2 cup chopped walnuts
Directions See How It's Made
- Preheat oven to 325 degrees.
- Mix the first 6 ingredients together in a bowl and pour into ungreased 13x9-inch pan.
- Sprinkle cake mix over pumpkin mix.
- Drizzle melted butter over cake and scatter nuts on top.
- Bake for 1 hour, or until cake tests done.


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161 Bonham Road,Wyoming OH, 45215
Sold Price
4 beds , 3 Full/1 Half baths
3,574 sq. ft
Status: Sold
Berkshire Hathaway HomeServices Professional Realty
(800) 599-8936
Last Updated: 8/21/2017 9:55 PM
Description for 161 Bonham Road Wyoming, OH 45215
Some words will not translate correctly. By using this feature, you accept this risk and agree to release Berkshire Hathaway HomeServices and its franchisees from any claims or damages resulting from incorrect translation.
Some words will not translate correctly. By using this feature, you accept this risk and agree to release Berkshire Hathaway HomeServices and its franchisees from any claims or damages resulting from incorrect translation.
Listing Information
Public Water Service
Public Sewer
Natural Gas, Cable TV, 220v Service
School Information
Room Information
Family Room
Floor - W/W Carpet, Walk-In Closet
Floor - Wood
Floor - Wood, Formal
Eat-In Kitchen, Gourmet Kitchen, Butler Pantry, Island, Walkout, Skylight
Shower Only, Dual Sinks, Whirlpool Bath, Skylight
Interior Features
Range-Oven, Dishwasher, Garbage Disposal, Refrigerator, Microwave, Humidifier, Central Vacuum
Carpet Wall to Wall, Wood
Central Air, Ceiling Fan(s)
Gas Heat, Forced Air
Full, Partially Finished, Walkout, Fireplace
Insulated, Vinyl Frame
1, Wood-burning, Gas Burning, Stove
Alarm -Smoke/Fire, Security System
Crown Molding, Recessed Lights, Attic Storage
Exterior / Lot Features
2 Garage Spaces, Built-In, Front Entrance, Driveway
Patio, Deck
1 to 4.9 Acres
Other, Wooded
Financial Considerations
Inside AccessTM
Current market conditions for 161 Bonham Road
Active Market Trends
Source:MLS DATA
Median list price$399,499
Days on market73
Properties for sale46
Sold Market Trends
Source:MLS DATA
Median sold price$342,000
Sales to list price96.5%
Properties sold62
Median sq ft price$139
Arrows indicate 90 day trend
Listing Price History for 161 Bonham Road
Wyoming Real Estate
Wyoming is located in Ohio. Wyoming, Ohio 45215 has population of8,411.
The median household income in Wyoming, Ohio 45215 is $108,346. The median household income for the surrounding county is $48,927 compared to the national median of $53,482. The median age of people living in Wyoming 45215 is 42.6 years.
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New Featured Products
Latest Posts
Lovely necklace for the price…just cannot say enough nice things. Seems to go with tons of outfits and each time I wear it people compliment it.
I love this bracelet! I got it to wear to a ball and it looked gorgeous! I love the way it sparkles in the light! It fit perfectly and it is the perfect accent to any outfit.
Five stars!
This necklace is Beautiful!!!
What you see is definitely what you get. Absolutely gorgeous.
I am very happy with my purchase and highly recommend this necklace.
Costume style integrates jewelry into part of body fashion, which show wearers' elegance and class. Costume jewelry comes with many forms, following fashion innovation. Necklace, wrist bracelets, finger rings and even some jewelry set, all give out a stunning selection to let wearers dress up to impress but no worry for bank breaking. Costume jewelry is increasingly gaining popularity, not only for its sign of trendy fashion especially among youngsters but also becoming affordable to an average person.
Costume jewelry comes in place of those expensive fine jewelry, as materials used to make are much lower in price and easily reachable. Cubic zirconia can simulate diamonds. Some semi-precious stones replace more valuable ones, e.g emerald, ruby etc. Those natural gold or silver jewelry can also be obtained from electroplating with gold or platinum coat on those much cheaper metal, e.g copper, alloy etc. Some other costume jewelry incorporates leather, feather, acrylic, and wood to create much cheaper charming.
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Welcome to discover unique trendy jewelry for costume fashion at TrinketSea and find your favorite style to enlist into your jewelry collection.


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Above: signed cover and handwritten letter from Lev
In January 1963, a group of 15 reported for duty at Star
Town. From that large group of experienced and graduated men, only a few didn't
actually made a spaceflight: Buinovski, Gulyayev, Kolodin, Kugno (all military engineers)
and Kuklin, Matinchenko, Vorobyo, Voronov (pilots).
Graduated from Military Pilot School, Bataisk, 1952, graduated
from Air Force Military Academy, Monino, 1955; Colonel and pilot, Soviet Air
Forces, Res.; was selected as cosmonaut on 08.01.1963 (TsPK-2); OKP (cosmonaut
basic training): 1/63 - 21.01.1965; he was assigned for Soyuz 13, but he and his
crewmate flight engineer Yazdovsky had personal differences (prime crew was then
grounded); retired on 28.06.1974 because of political differences; he currently
works at Gagarin Cosmonaut Training Centre; retired from active military duty,


text:
I feel like cheering that I have found this video. I find in this a great guideline to "mind" care --emotional and mental hygiene. I suspect most of us have taken the subject so much for granted we may even believe we already do it.
In Remembrance of One of Your Inner Gifts_Mindset
Engage deeply, Learn, Correct Errors. Carry Your Self-Validation into Your Life. Reward "YET" and Process. Give Yourself Confidence and a Path into the Future. These are some of the lessons you can take for yourself from this video where Carol teaches success with kids.
Self Confidence Makes Way for Openings and Opportunities
Self Confidence may well be the only remaining bastion standing between you and the success you seek. Develop it and the world is open utterly to you.
If You Want Someone to Change
I AM Renewed, Having Found Neville Goddard
I AM Renewed, Having Found Neville Goddard.
I AM Renewed, Having Found Neville Goddard
Consider that there could be commands you could use on yourself to expand your life in ways you'd like to! Or woman. Man or woman. An interesting and viable picture. These excerpts are all taken from Neville Goddard's book, At Your Command. You, too, can obtain a free copy of the book. Just, … Continue reading I AM Renewed, Having Found Neville Goddard
I Really Hate Being Kept Out of One of My Favorite Blogs!
I reblog here a post from a couple of years ago from my RealityvBliss blogspot blog which I can no longer access for lack of being able to "talk" to someone at Google. If anyone knows a way to escape the round of sending a message which may or may not be responded to by … Continue reading I Really Hate Being Kept Out of One of My Favorite Blogs!


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Does the groupon for walpops cover anything sold on the wallpops site? Including fathead products? what happens if your order is over or under the price of your groupon?
asked on Dec 7, 2012
It includes anything on the WallPops site. If your order exceeds the value of the Groupon, you would just pay the difference.
tony R. from Groupon replied on Dec 12, 2012


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Do you keep a list of books I have borrowed?
Last Updated: Jan 12, 2017 | 255 Views
Was this helpful? 1 0
The Library has an "opt-in" feature which allows you to keep a reading history. Once you opt in, the system will add titles you have checked out to the list. You may delete titles or the whole list at any time and opt out if you no longer want to view your history. The opt-in feature is in your account.
Other Answers / Comments (7)
- A history is nice but i want to be able to confirm on-line that the book I returned was rcvd and cleared from my account. having it just fall off the list of books i have checked out is not quite the same.
- When will this "opt on" feature become available?
- It will be when the next catalog upgrade happens. I cannot give a firm date at this time.
- Is there an update on the availability of this feature?
- All I can really say is the update is soon. Staff testing is happening now.
- Is the 'opt in' feature for saving the names of books I read available yet?
- Yes. It is called "Reading History". Just log into your account and "opt in" for this feature. After that, all your checkouts will be saved.


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Please join Global Partnerships for wine, nibbles and a dynamic conversation with CEO Rick Beckett.
Rick will provide an in-depth look at the stories and impact behind GP's work and discuss GP's new focus on innovative solutions beyond microfinance, such as women's health education, agricultural training for small-scale coffee farmers and green technology that improves lives. There will be ample time for questions and conversation.
When: Tuesday, October 25, 5:00 – 6:30 p.m.
Where: Wing Luke Museum, Seattle directions
Register: Register by emailing email@example.com


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Looking for a way out, a way back, or something completely new.
Written by Alison Carr
Price: £6.50 (£20 for all 4 events)
Read by actors from the summer season shows, our playreadings offer a glimpse into the future of potential new productions at the SJT. A chance to experience these wonderful plays alongside their authors for the very first time.
By Alison Carr
Amateur aviators descend on a seaside town to launch themselves into the sea. In another part of town Claire is looking after her mum, following a stroke. She didn't want to come back to the town she grew up in and now she's putting off going home. Simon, a guest at their B&B, is here to fly in tribute to his late girlfriend.
All looking for a way out, a way back, or something completely new.
Age guidance: 16+
3 July 2017, 7.15pm
13 July - 5 October 2017
SJT production
"For my money, the funniest play in the English language - bar none!" Robin HerfordREAD MORE
3 August - 26 August 2017
SJT production
A funny, moving and surprising story of three friends whose relationship spans 30 dramatic years.READ MORE
22 July - 26 August 2017
OutReach production
Come and help Tipsy find her magic and meet goblins, giants and all sorts of other magical people!READ MORE
1 September - 7 October 2017
SJT production
A comedy in four parts about an unremarkable man and the remarkable women who loved him, left him, or lost him.READ MORE
10 September
SJT production
One of two very special events celebrating Alan Ayckbourn's 60 years with the company.READ MORE
14 September - 7 October 2017
SJT production
A funny and provocative play is about who we are and what we pretend to be...READ MORE
17 September
SJT production
One of two very special events celebrating Alan Ayckbourn's 60 years with the company.READ MORE
21 September
SJT production
A dark comedy is about three people living on the outside of reality whose safe haven is about to be disturbed.READ MORE
18 October - 19 October 2017
Presented production
Find the body, solve the murder, get the girl, stay on the show…READ MORE
21 October - 26 October 2017
SJT production
Roald Dahl's amazing story about a boy who makes a marvellous medicine to cure his grandmother of her terrifying temperREAD MORE
2 November
Presented production
Bawren Tavaziva's new work Izindava is dynamic, bold and explores human fragility within our changing world.READ MORE
3 November
Presented production
Luke Jermay is the most incredible man you've probably never heard of. He can read your mind.READ MORE
7 November
Presented production
Saviour or witch? Love her or hate her? Not for Pip to decide, only to portray.READ MORE
8 November
Presented production
RuPaul's Drag Race star Jinkx Monsoon and Major Scales present their critically acclaimed Off-Broadway comedy.READ MORE
10 November - 11 November 2017
Presented production
Mark's an actor. "I keep forgetting my lines. I've left my girlfriend and I'm beginning to stink."READ MORE
14 November - 18 November 2017
Presented production
A daft comedy about greed. Your last chance to see Barrie Rutter on stage with Northern Broadsides.READ MORE
21 November
Presented production
A double dose of terrifying tales, one told tongue in cheek and one... straight down the line!READ MORE
22 November - 25 November 2017
SJT production
Two hungry, drifters wait by a dead tree. They might have been here yesterday. And they might well come back tomorrow.READ MORE
7 December - 31 December 2017
SJT production
A fun, interactive, musical retelling of this classic story with just a little bit of silliness thrown in.READ MORE
13 December - 23 December 2017
SJT production
Aluki & Nanuk tells the tale of a little girl and her polar bear. It'll be told in the usual Tiny Time Tales style!READ MORE


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Most Helpful Guy
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9 she's so cute00|00|0
Thanks beautiful 😊
How old, which rage does she look?
Late teens. Very beautiful. The hair is stunning. Very high rating from me.
9 she's so cute
Thanks beautiful 😊
Have an opinion?
Amazing hair. Stunningly gorgeous eyes. Cute nose. Perfect lips. 10/10.
As for age, I do not like to estimate it based on looks alone.
Looks 18-20 years old
Very attractive - I think around 20/21
Alright, here's the legendary 9
Looks 20.
She looks 16-17, and adorable.
20ish and she's 8.3/10 really attractive
about 17, very pretty. fabulous eyes
I duno, probably no older than 20, 7.5/10
8.5, late teens
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text:
Dao Khau – a typical Dao group
Old Dao Khau women sew clothes (Photo: Bao Lai Chau)
The Dao Khau immigrated to the northern mountain province of Lai Chau. They settled mainly in Sìn Hồ, Tả Phìn, Phăng Sô Lin, Tả Ngáo, Làng Mô, and Huổi Luông communes. Tẩn Mí Vản of Tả Phìn commune explained to us the name Dao Khau."Our ancestors did not weave cloth. We bought cloth from the Làn Tẻn, Thai, and Lự people to sew clothes and embroider. We can only sew clothes so we are called the Sewing Dao."
Doctor Vi Văn An, Head of the Southeast Asian Study and Collection Office of the Vietnam Museum of Ethnology, says Dao Khau was the name the Thai people of Sìn Hồ gave the immigrants. Dao Khau was a branch of the Dao Đỏ (Red Dao). Mr. An said: "Local people explain the name by pointing out that Dao people sew all day. Ethnologists categorize them in the Red Dao group because the women's clothes have a red seam around the neck. The Dao Khau don't accept that they belong to the Red Dao group. They call themselves the Kiềm Miền or early immigrants."
|Dao Khau is also called Long Shirt Dao
Sìn Hồ means having many springs. Living in the high mountains and having abundant water sources, the Dao Khau's lifestyle and production differ from other Dao branches. The area has hoarfrost and mist in the dry season and flash floods in the rainy season. The Dao Khau houses are designed to accommodate the weather."Their houses are made of wood and bamboo with a grass roof. The house is low and has few windows. Now, many families build their houses of bricks with fiber cement roofing panels or tiles. There is another altar to worship the career progenitor in the houses of sorcerers or physicians."
The natural conditions of the Sin Ho Plateau directly impact production. Other Dao branches grow maize as the main food crop, but the Dao Khau grow wet rice. They also raise cows, buffalos, and goats. Some families raise hundreds of goats.
|The house has few windows to keep warm in the winter
Although the Dao Khau don't weave, they grow cotton to make thread for sewing and embroidering. Their costumes are simply made and dyed mainly indigo blue. Dao Khau women wear a long dress with a belt and a triangle shaped turban.
The Dao people are becoming more integrated with other groups and adopting advanced techniques for farming and raising animals. But the Dao Khau women have maintained their tradition of sewing and embroidery.


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mining, mining law, prospector, mining claim, 1865, 1866, 1872, legal, illegal, government, policy, administrative, mineral, grant, right, forest, service, BLM, DEQ, wild, scenic, hobby, gold, placer, hard, rock, hardrock, dredging, highbanking
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Forest Service Lawsuit
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Joined: 21 May 2012
Posts: 46
Location: N San Juan, Ca
Posted: Sat Nov 29, 2014 5:43 pm
Post subject:
So the Gov's attorney answered on the last day possible, no surprise there. After basically denying everything they could they claim three defenses.
First, Ripeness, as the Forest Service was given the chance to fix their screw-up. and the administrative claim was filed in a timely manner which they did not respond to for almost a year. I do not think a judge will buy that.
Next, they are trying to say Tort and Due Process claims do not belong in Claims Court, since the case is of a constitutional nature and over ten thousand dollars it does belong in claims court according to the Eastern District Judge where we filed first.
And they are saying thirdly that it should be dismissed for failure to state a claim upon which relief can be granted.
You can read my complaint above, I believe I more than covered that. BigAl
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Joined: 03 Mar 2015
Posts: 10
Posted: Tue Mar 03, 2015 2:57 am
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Well it sounds interesting and can be used as knowledge.The most basic thing is to understand the maximum through it which is the way for getting better with the learning and surely an improvement graph should be in our outcome.
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Joined: 21 May 2012
Posts: 46
Location: N San Juan, Ca
Posted: Tue Mar 24, 2015 3:47 pm
Post subject:
Hi Everyone, quick update, we have received over 900 pages of Government "disclosed" evidence. Most of it we already had from the freedom of information act we filed. We file our 2nd joint status report this Friday. The Government will be filing it's brief in about 40 days. Keep up the fight for our rights. For those who have not seen it, Sheriff Gil Gilbertson's report is well worth reading, and the Congressional record he cites. The record is about the road in Elko Nevada the Forest Service tried to close, and very plainly lays out the difference between Public Land, and Public Domain. And the fact that the Forest Service has no right to manage Minerals. BigAl
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Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon
Posted: Wed Mar 25, 2015 1:06 pm
Post subject:
Is there a legal reason why you did not include the individual employees of the government, that acted unlawfully against you and your claims? I hope you know, that employees can be held both civilly and criminally liable for their individual acts, in addition to their employers.
Until we put the fear of God in the minds of state and federal employees, by putting at risk their personal freedom, wealth and assets at risk, you'll find that they believe themselves bullet proof for their unlawful deeds.
You still have the right to amend your case to include each actor, which has no legal shield to hide behind and as a bonus, each will be required to hire their own legal counsel at their expense (as the government can not - will not provide legal counsel.
I believe it's only fair that if you must pay to defend your property and rights, the government and their employees pay to defend themselves.
I have had a great deal of luck when I file suit against the government and include the employee actors, the bluster and steam seem to devolve the government's attitude that they are invincible.
Always keep in mind that while you may lose a claim and or the income from that claim, the government and their employees have far more to lose in the long run.
Once federal and state employees understand that they can be personally held accountable for their actions, both civilly and criminally, they have a tendency to refuse to conduct illegal actions again the public.
I live by a simple rule... I don't pick fights, but I will use every tool in the book to destroy those that pick a fight with me.
What the government did and sponsored their employees to do to you, was clearly not an accident or error. Not only was it done with malice, their actions to date continue to be done with malice, in the effort to continue to hurt you in any way they can.
Take your gloves off, as the government already has.
Best of luck. Keep us all updated if you can.
" America is at that awkward stage......... It's too late to work within the system, but too early to shoot the bastards."
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Joined: 21 May 2012
Posts: 46
Location: N San Juan, Ca
Posted: Wed Mar 25, 2015 6:14 pm
Post subject:
Hi GoldPatriot. One thing I have learned, to late for this case, is to file first in the court of Federal claims, then a couple of days later file in the district court. That way you can get around the "you can't be in both courts" rule.
My partner and I considered a Bivins action when all this first started, if I had known what I know now, back then I would have.
At the beginning we did sue each of them in their official capacity, the court dismissed that and left the government as the defendant. We are so close to the end of this my partner and I just want to finish it.
Thanks for the advice, I have learned a huge amount of what my rights and what the law is on this forum. BigAl
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Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon
Posted: Wed Mar 25, 2015 10:26 pm
Post subject:
I do in fact understand your position. Just remember, that once this case is over, you still retain the right to recover your damages from the employees, even if its a separate action. Be VERY careful what you are asked to sign, post judgement. DO NOT WAIVE ANY RIGHTS YOU HAVE UNDER THE LAW.
Also, don't be surprised if they take you off their Christmas card list.
As always, good luck and good hunting!
" America is at that awkward stage......... It's too late to work within the system, but too early to shoot the bastards."
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Joined: 21 May 2012
Posts: 46
Location: N San Juan, Ca
Posted: Tue Aug 11, 2015 8:50 pm
Post subject:
Hi All, The Government has filed it's Motion for Summary Judgement, I will be Mailing my cross motion for summary judgement in a couple of days. the Gov then has 20 days to answer that, then I have 20 days to get the last word in. The Govs Motion was very weak, the cases they cited actually help me more than the govs position. Allen
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Posts: 46
Location: N San Juan, Ca
Posted: Wed Sep 30, 2015 6:18 pm
Post subject:
Plaintiffs hereby respectfully submit this reply to defendants response to plaintiffs motion for summary judgement.
1. Defendant has waived objections to this Courts jurisdiction.
Defendant makes a number of jurisdictional claims both in defendants motion for summary judgment and in reply to plaintiffs cross-motion for summary judgment. Defendants challenges to this courts jurisdiction, however, have been waived. Rule 12 (b) of the Federal Rules of Civil Procedure provides in pertinent part:
Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:
(1) lack of subject-matter jurisdiction;
(2) lack of personal jurisdiction;
(3) improper venue;
(4) insufficient process;
(5) insufficient service of process;
(6) failure to state a claim upon which relief can be granted; and
(7) failure to join a party under Rule 19.
A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed.
Defendant failed to challenge this Courts jurisdiction before filing an answer to plaintiffs complaint; therefore, defendant has waived any claim to this Courts jurisdiction.
2. Defendants arguments are based on an incorrect legal
principlethat no takings occurred if plaintiffs have
any physical access whatsoever to the mines. That is not
the law and should not be applied by this Court.
Assuming the Court considers defendants arguments on the merits, defendant incorrectly argues that because plaintiffs have enjoyed uninterrupted access to their unpatented mining claims no takings has occurred. (Doc. 18 at p. 5.) Defendants argument is incorrect and unsupported by any applicable legal authority. On the contrary, the authority cited by defendant as controlling on the takings issue actually contradicts defendants argument and supports plaintiffs position. For example, defendants authority recognizes that a takings occurs where the government denies all meaningful access to the claimant's private property. (Cites omitted; Doc. 18 at p. 7. Italics added.) This is exactly what occurred in this case as established by the undisputed evidence, which defendant has not contested. Plaintiffs have been deprived of all "meaningful access" to the mines. They are unable to install and operate mining equipment in order to operate the mines and, consequently, the mines have no "economic value," a fact not disputed by defendant.
Defendant persists with the argument that a takings occurred only if plaintiffs can establish a denial of complete access to their mining claims. There is no authority for this contention. That is not the law, and this Court should not apply it. Defendants argument was rebuked by the court as far back as 1981: [D]efendant does not analyze the legal issues correctly and misconstrues the authority on which it relies. Laney v. United States, 661 F.2d 145, 148 (Fed. Cir. 1981).
The correct legal standard for determining whether a takings occurred in this case is whether plaintiffs were denied meaningful access. As the court in Laney explained: We hold, therefore, that defendant is not entitled to summary judgment on its motion because the known facts do not exclude, though they do not establish, the conclusion that defendant has effectively denied all meaningful access to the island, with the purpose and effect of preventing all economic use and holding it as a scenic preserve without paying for it. Id. at p. 149. Emphasis added. Thus, the extent to which "economic use" has been prevented is clearly a relevant consideration in determining whether meaningful access has been denied and thus whether a "takings" has occurred. Defendant has offered no evidence whatsoever to contest plaintiffs' assertion that they have been denied meaningful access and that the mines have been rendered economically worthless. Defendants assertion that plaintiffs can engage in prospecting and sampling is not supported by any evidence submitted by defendant, irrelevant under the law and ignores the undisputed reality that due to defendants construction and destruction on plaintiffs mining claims, plaintiffs have been completely prevented from ordinary mining activities, denied meaningful access to their claims, and have been deprived of all economic use of the mines.
Furthermore, Laney addressed and rejected defendants current contention that complete access must be denied. The above discussion focuses on the issue of access to, but we do not now hold that the involved regulation is necessarily not a taking if access is not wholly cut off. Ibid. Italics added. Defendant's incorrect and improper arguments regarding "complete" access must be rejected.
According to one of the cases cited by the government, "There are two well recognized situations where the government will be held to take without any formal expropriation or physical invasion. One is the actual cutting off of access. Laney v. United States, Ct.Cl. No. 130-80L (slip opinion of August 19, 1981); Foster v. United States, 221 Ct.Cl. 412, 607 F.2d 943 (1979); Drakes Bay Land Co. v. United States, 191 Ct.Cl. 389, 424 F.2d 574 (1970); Pete v. United States, 209 Ct.Cl. 270, 531 F.2d 1018 (1976). The other is when the government regulation is practically so burdensome and pervasive that the landowner is denied all use of his land." Alex J. Armijo v. U.S. 663 F.2d 90 at p. 93 (Fed. Cir. 1981). Defendant ignores the undisputed facts that defendant has caused a material and "formal expropriation or physical invasion" of land and is arguing the "access" cases as if no "formal expropriation or physical invasion" had occurredas if the government had passed a regulation preventing plaintiffs from using or gaining access to the land. That is not the case. The government has caused a physical expropriation and material interference with the operation of plaintiffs mining operations and infrastructure. Thus, the denial-of-access rationale does not apply, because by installation of the bat doors and other construction and destruction performed by the government, there has been a material, extensive and "formal expropriation or physical invasion." Laney, supra. This expropriation and physical invasion has deprived plaintiffs of meaningful access and thus constitutes a takings.
Moreover, the cases addressing "denial of access" use the phrase meaningful access, as explained above and expressly reject defendants contention that a government takings that leaves any access whatsoever does not result in a takings. Laney v. United States, supra, 661 F.2d 145, 149 (Fed. Cir. 1981).
Even if the "access" principles are applied, plaintiffs have still been denied complete access to operate the mines. As explained by Alex J. Armijo v. U.S., supra, "In such cases [denial of access] the characteristic feature is the defendant's use of rightful property, contract, or regulatory rights to control and prevent exercise of ownership rights the defendant is unwilling to purchase and pay for." Alex J. Armijo v. U.S., supra, 663 F.2d 90 at p. 93 (Fed. Cir. 1981) (Emphasis added.) This is exactly the situation in this case.
Mr. Brown's declaration (offered by defendant) contains no facts addressing the decrease in the "economic" value of the mines, and to what extent the economic use has been limited by installation of the bat gates and the other construction and destruction discussed in the plaintiffs declarations. Therefore, Mr. Browns declaration is completely insufficient to support the governments motion and likewise insufficient to oppose plaintiffs cross-motion.
The undisputed facts conclusively establish that defendants installation of bat gates and other structures in the mines and complete destruction of mining infrastructure owned by plaintiffs have rendered the mines completely inoperable and of no economic value. (Decl. of Allen D. Hall.) Accordingly, defendants activities, which have rendered the mines closed and completely inoperable have deprived plaintiffs of any economic use whatsoever of the mine, and have materially interfered with plaintiffs mining operations and constitute a takings.
The Court should grant plaintiffs cross-motion for summary judgment on the takings claim.
3. The Court has no jurisdiction to adjudicate defendants
arguments concerning the alleged requirement that
plaintiffs must have a plan of operations.
Interestingly, defendant argues that the Court has no jurisdiction to address plaintiffs' claims that the Forrest Service was negligent and trespassed on plaintiffs mining claims, but apparently has jurisdiction to adjudicate defendant's argument that plaintiffs were required to submit a "plan of operations" to the Force Service in order to conduct mining operations. Doc. 18 at pp. 10-11 and fn. 3. Defendant fails to explain how the Court has jurisdiction to adjudicate defendants defenses, but none to adjudicate plaintiffs claims. According to defendant, the Court has jurisdiction to consider the merits of defendant's argument that plaintiffs were required to submit a "plan of operations to the Forest Service, but has no jurisdiction to consider the merits of plaintiffs' argument that the Forest Service was negligent or trespassed on plaintiffs' mining claims. To plaintiffs knowledge, the Courts jurisdiction is not that malleable.
At any rate, the law does not require plaintiffs to submit a plan of [mining] operations to the Forest Service for approval before beginning mining operations. A plan of operations is not required for subsurface operations under title 36 CFR section 228. Subsurface or underground mining is exempt from a plan of operations, as it is not under the Forest Services Authority to manage. The Forest Service has been given the authority to manage only the vegetative surface, and other surface resources on an unpatented mining claim. Title 16 U.S.C § 472 clearly limits the Forest Services authority to regulate mining operations:
The Secretary of the Department of Agriculture shall execute or cause to be executed all laws affecting public lands reserved under the provisions of section 471 [1] of this title, or sections supplemental to and amendatory thereof, after such lands have been so reserved, excepting such laws as affect the surveying, prospecting, locating, appropriating, entering, relinquishing, reconveying, certifying, or patenting of any of such lands.
a. The Plan-of-Operations issue is irrelevant.
The issue whether a "plan of operations" is required is irrelevant to the "takings" issue. Defendant's undisputed actions of tearing down and destroying the mining infrastructure owned by plaintiffs, installation of bat gates, pouring of concrete and installation of other structures which prevent plaintiffs from operating the mines either was a "takings" or was not. This issue is completely separate from whether any "plan of operations" is required. Even if plaintiffs had secured a plan of operations, they still would not be able to operate the mines and would be in no better position than they are currently.
As established in plaintiffs cross-motion for summary judgment and as argued above, even if defendants plan-of-operations argument is considered, the Forest Service's authority is secondary to mining operations:
This language, carefully developed, emphasizes the committee's insistence that this legislation not have the effect of modifying longstanding essential rights springing from location of a mining claim. Dominant and primary use of the locations hereafter made, as in the past, would be vested first in the locator; the United States would be authorized to manage and dispose of surface resources, or to use the surface for access to adjacent lands, so long as and to the extent that these activities do not endanger or materially interfere with mining, or related operations or activities on the mining claim.
United States Department of the Interior Office of Hearings and Appeals Interior Board of Land Appeals v. Robert E. Shoemaker, supra, 110 IBLA 39 *50-*51. Emphasis added.
As the Shoemaker Court further explained:
The balance it struck in order to resolve such conflicts was to specify that the authority the statute granted would apply only so long as and to the extent that Federal use of the surface did not "endanger or materially interfere with prospecting, mining or processing operations or uses reasonably incident thereto." 30 U.S.C. § 612(b) (1982); see United States v. Curtis-Nevada Mines, Inc., 611 F.2d at 1283, 1285. When it does, Federal surface management activities must yield to mining as the "dominant and primary use," the mineral locator having a first and full right to use the surface and surface resources.
United States Department of the Interior Office of Hearings and Appeals Interior Board of Land Appeals v. Robert E. Shoemaker, supra, 110 IBLA 39 *53. Emphasis added.
Defendant cannot escape the clear, unmistakable, indisputable truth that the law bars the Forest Service from enforcing regulations that materially interfere with mining, or related operations or activities on the mining claim and that management activities must yield to mining as the "dominant and primary use. Defendants efforts to invert this relationship to make plaintiffs mining operations subservient to the Forest Services regulations cannot succeed.
According to defendants analysis, however, this Court lacks jurisdiction to adjudicate issues concerning the propriety of the Forrest Services actions, which necessarily include whether a "plan of operations" is required. Ultimately, whether the Forest Service may legitimately require a "plan of operations" is beside the point. Any plan of operations that might be required cannot materially interfere with mining operationsbut even if such a plan were required, defendant's actions either constituted a "takings" or they did not. The undisputed evidence in this record establishes that a "takings" occurred.
The Court should deny defendants motion for summary judgment and grant plaintiffs cross-motion for summary judgment.
3. The takings claim should not be dismissed on the
ground that plaintiffs claimed the Forest Services
actions were unauthorized.
Assuming for the sake of argument only that the tort and due process claims should be dismissed, it does not follow that the "takings" claim should also be dismissed. Plaintiffs' "takings" claim was already presented to the Federal District Court for the Eastern District of California and dismissed after that court concluded that the "takings" claim would be properly filed in this Court. Plaintiffs' "takings" claim is now properly before this Court and should be adjudicated on the merits.
Plaintiffs' claims that the Forest Services actions were unauthorized and trespassed on plaintiffs' mining claims does not deprive this Court of jurisdiction. Plaintiffs have clearly alleged a "takings" claim in addition to the tort and due process claims.
Defendant's argument that an unauthorized act cannot form the basis of a "takings" claim should be rejected, because defendant has already conceded that defendant was purporting to act in conformance with the "American Recovery and Reinvestment Act of 2009" when it installed the bat gates and took the other actions that deprived plaintiffs of meaningful access to operate the mines. (Def. mot. for Summary Judgment, Doc. 16 at pp. 9-14.)
As the court explained in Del Rio Drilling, Inc. v. U.S. 146 F.3d 1358 (Fed. Cir. 1998) at pp. 1362-1363, the governments mere technical violation of the law does not necessarily mean that no takings occurred:
In holding that ultra vires conduct cannot give rise to a Fifth Amendment taking, the courts have drawn an important distinction between conduct that is "unauthorized" and conduct that is authorized but nonetheless unlawful. Merely because a government agent's conduct is unlawful does not mean that it is unauthorized; a government official may act within his authority even if his conduct is later determined to have been contrary to law. ("Not all illegal acts of government officials are considered unauthorized for the purpose of determining the government's liability to pay compensation under the Tucker Act.... Recovery under the Tucker Act has been permitted when a taking by an officer is the natural consequence of congressionally approved measures or the result of an exercise of discretion granted to an official for the implementation of a congressional statute.").
While this court has on occasion referred to "invalid" or "illegal" government conduct as "unauthorized" for purposes of determining whether the conduct may give rise to Tucker Act liability, see Short v. United States, 50 F.3d 994, 1000 (Fed.Cir.1995); Tabb Lakes, Ltd. v. United States, 10 F.3d 796, 802 (Fed.Cir.1993), we understand those references to require a showing that the conduct was ultra vires, i.e., it was either explicitly prohibited or was outside the normal scope of the government officials' duties. Neither the Supreme Court nor this court has held that government conduct is "unauthorized," for purposes of takings law, merely because the conduct would have been found legally erroneous if it had been challenged in court.
Accordingly, the fact that the Forest Service's actions may have been unauthorized does not mean that no "takings" occurred. Defendant has already explained in lengthy detail that defendant acted in conformance with the "American Recovery and Reinvestment Act of 2009." Therefore, defendant's conduct was "authorized," even if unlawful.
Defendants contentions that no takings occurred have no merit. Under the correct legal standard, plaintiffs have been denied "meaningful access" to their mining claims. Moreover, there has already been a "formal expropriation and physical invasion" of the mine, so the rationale of access principles does not apply, but even if they do, there was still a "takings" because the bat gates and construction and destruction performed by defendant constitute a material interference with plaintiffs mining operations, have deprived plaintiffs of "meaningful access" and have completely eliminated plaintiffs capacity to operate the mines, obliterating any economic use or benefit.
Additionally, whether the Forest Service had the authority to require a "plan of operations" is irrelevant. The law is clear that the Forest Service may not enforce regulations that materially interfere with mining operations. Even if a plan of operations could be required, plaintiffs would be in no better position than they are now, because the mines have been destroyed, closed and rendered economically worthless.
Furthermore, the plan-of-operations issue is irrelevant, because either a takings occurred or did not occur. The undisputed evidence conclusively establishes that defendant's actions constituted a compensable "takings."
The Court should reject defendant's suggestion to exercise jurisdiction selectively in defendants favorto adjudicate defendant's arguments regarding the Forest Services rights and duties under the regulations but decline jurisdiction to adjudicate plaintiffs' tort and due process claims. If there is no jurisdiction for plaintiffs' tort and due process claims, there is no jurisdiction to adjudicate defendant's arguments regarding a "plan of operations." In any event, plaintiffs takings claim survives on its own, regardless of the tort and due process claims.
Finally, defendant has already explained and conceded that defendant was acting pursuant to an act of Congress when it installed the bat gates, poured concrete and destroyed plaintiffs' mining infrastructure. Defendant acted lawfully for purposes of this "takings" claim.
For all the foregoing reasons, the Court is respectfully requested to deny Defendants motion for summary judgment and grant Plaintiffs cross-motion for summary judgment.
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Joined: 21 May 2012
Posts: 46
Location: N San Juan, Ca
Posted: Wed Sep 30, 2015 6:24 pm
Post subject:
The above posted response is the last one, now the Judge will make her decision on liability for this phase of the case. She should find in our favor on the liability issue, then we have one last hurdle, passing the "prudent man" test and the "marketability" test that the Government will require before monies can be paid for a "takings" of a claim. BigAl
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Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon
Posted: Thu Oct 01, 2015 2:16 am
Post subject:
I like your proffer a great a deal. You have properly laid the groundwork that out flanks the government at every turn, legally.
Looking ahead, should you win the summary judgement, you are right that your work is not finished and you'll need to establish your losses next.
I would advise that any and all prior mining records of your claim should be re-established before the court. Of course any and all assay reports will aid in your claim against the government.
If you don't already have a mining plan, I would develop one that can be entered into the court process. I would think you would have had the biggest, fastest and highest yield mining equipment, that would have provided you with $$$$$ annually, from the date of the "taking" forward to the estimated date that you would have exhausted the mineral wealth of your claim.
Add to that, the value of the "working" claim, if based on the assay reports, you mined x number of tons per hour, 24 hours a day, from the "Taking" to the present. The fact is, a closed claim is worth very little, compared to a active mine that is producing profits.
Of course, there is nothing to prevent you from demanding that the government, at their expense, remove any and all unlawful improvements and bring the claim back it it's pre-invasion condition, complete with buildings, equipment and other assets you had before the "Taking".
I would also suggest a permanent injunction against any further action by the offending agency and or it's employees, agents or contractors for a minimum of 20 years, without a court order.
Thanks for updating the Forum and best of luck my friend!
" America is at that awkward stage......... It's too late to work within the system, but too early to shoot the bastards."
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Tuesday, April 21, 2015
Strange World Of Your Dreams #1 - 1st issue
Strange World Of Your Dreams v1 #1, 1952 - First issue of Prize Comics' horror series. These supposedly true stories are almost always nightmares. Story, artwork and cover by Joe Simon and Jack Kirby. See today's posts, more first origins, first issues, first appearances or miscellaneous key issues. See also the review of this issue's artwork or more Strange World Of Your Dreams issues.
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Overall Rating
33 Patient Reviews
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K-State Opens 4-Match Home Stand This Weekend
K-State Opens 4-Match Home Stand This Weekend
Jan. 28, 2014
Match Notes
Matches 3 & 4
UNI vs. (55) K-State | 1 p.m. | Friday, Jan. 31
Liberty vs. (55) K-State | Saturday, Feb. 1
Body First Tennis & Fitness Center | Manhattan, Kan.
Team Information
Kansas State Wildcats (1-1, 0-0 Big 12)
Head Coach: Steve Bietau (Doane '79)
Career Record: 266-350 (.432) 30th year
School Record: Same
Last game: W, 4-3 vs. (75) Elon on Jan. 25, 2014
website: www.kstatesports.com
Twitter: @kstatesports, @kstate_gameday, #KStateTEN
ITA Ranked Players:
(42 - Singles) Petra Niedermayerova
Northern Iowa Panthers (1-3, 0-0 MVC)
Head Coach: Daniel Finn (Lindsey Wilson '08)
Last game: L, 7-0 at Iowa on Jan. 25, 2014
website: www.unipanthers.com
Twitter: @UNIAthletics
ITA Ranked Players:
Liberty Lady Flames (3-0, 0-0 Big South)
Head Coach: Jeff Maren (Thomas More College '89)
Last game: W, 6-1 at West Virginia on Jan. 25, 2014
website: www.liberty.edu/flames
Twitter: @libertyflames
ITA Ranked Players:
Series History and Notes
K-State leads the series with Northern Iowam 1-0... The only meeting between the schools came on Jan. 30, 2010 in Des Moines, Iowa, a 5-2 K-State win... K-State is 53-27 against teams from the Missouri Valley Conference... First meeting between K-State and Liberty... This will be K-State's first meeting with a member of the Big South Conference.
MANHATTAN, Kan. – No. 55 Kansas State will begin the home portion of its 2014 spring schedule this weekend, as the Wildcats Northern Iowa (1 p.m.) and Liberty (12 p.m.) on Friday and Saturday, respectively, at the Body First Tennis and Fitness Center in Manhattan. The two matches are the start of a four-match home stand for the Wildcats. K-State has won three straight home openers and 12 of its last 14. Fans can also receive score updates from the weekend's matches by following the official K-State Athletic Department Twitter gameday feed (@kstate_gameday).
K-State (1-1) opened its season at the Intercollegiate Tennis Association (ITA) Kickoff Weekend in Athens, Ga. The Wildcats split a pair of matches, losing in a tightly contested season-opener against No. 51 Arkansas, 4-2, then closed out the weekend with a marathon effort to defeat No. 75 Elon, 4-3. For the weekend, K-State played a total of 11 singles matches that reached a conclusion with six of them reaching a third set tiebreaker.
The Wildcats were paced in singles by senior Petra Niedermayerova. The two-time All-American and three-time All-Big 12 selection captured a pair of victories at the number one singles position over ITA ranked opponents. With the wins, Niedermayerova improved her record this season to 11-4 overall including a 4-1 mark against ITA ranked opponents.
Niedermayerova improved her school record for career singles wins 91-37 (.711), which includes a mark of 74-21 in two-set matches. Her career singles winning percentage of .711 ranks second in program history. In her career, Niedermayerova owns a 30-21 career mark against ranked foes.
Junior Amina St. Hill secured her first win of the spring in a big spot for the Wildcats, capturing a 6-4, 5-7, 1-0 win over
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Following this weekend's matches the Wildcats will host No. 56 Fresno State and Colorado on Feb. 7 and 8. The two matches will be contested indoors at the Body First Tennis and Fitness Center. All home matches are free and open to the public.