Mar 19, 2024

Judge Feeney grants Wiyot Tribe motion to dismiss CBE lawsuit

 


After my post yesterday on certain civil minutes and dates not being in the system, lo and behold, guess what is in e court today? According to the Humboldt civil clerk I spoke with, the 3/11 minutes are now in the e court. They are not; I checked.  The 3/11 date is still not entered in the computer. However, the order for dismissal signed on 3/14 by Retired Judge John Feeney was entered on 3/18. The motion to dismiss was granted without prejudice.

I spoke with Ms. Siena Kalina, attorney with  Berkey Williams LLP who represented the Wiyot Tribe on this motion. She confirmed the dismissal.

I contacted City of Eureka attorney Autumn Luna as well as CBE spokesperson Gail Rymer to get a comment Citizens for a Better Eureka. "The City is very pleased with the outcome," said Ms. Luna.

Citizens for a Better Eureka issued the following statement, "We are disappointed with the judge’s ruling on a lawsuit that would have ensured the City follow correct procedures when eliminating relied-upon public parking. Still, we are encouraged that there are other avenues to ensure the city follows legal procedures required by CEQA so that downtown Eureka's small businesses are protected.Citizens for a Better Eureka remains neutral on the Wiyot Tribe's project.”



Related posts on Wiyot Tribe's motion to dismiss:

https://johnchiv.blogspot.com/2024/03/court-took-matter-under-submission-and.html?m=1

https://johnchiv.blogspot.com/2024/02/city-of-eureka-filed-statement-of-non.html?m=1

https://johnchiv.blogspot.com/2024/02/with-all-due-respect-to-wiyot-their.html?m=1

https://johnchiv.blogspot.com/2024/02/wiyot-tribe-files-motion-to-dismiss-cbe.html?m=1

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