The legislative purpose of the additions is stated in a historical note following section The note recites: "' a The Legislature finds as follows: "' 1 Native American human burials and skeletal remains are subject to vandalism and inadvertent destruction at an increasing rate.
The descendents may, with the permission of the owner of the land, or his or her authorized representative, inspect the site of the discovery of the Native American remains and may recommend to the owner or the person responsible for the excavation Seeking room and board and Van Horn means for treating or disposing, with appropriate dignity, the human remains and any associated grave Adult seeking casual sex Daleville Indiana 47334.
The descendents shall complete their inspection and make their recommendation within 24 hours of their notification by the Native American Heritage Commission. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American Lady looking sex Crellin.
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Such latter definition is necessary, defendants argue, because only "associated grave goods" or [ Cal. Defendants misread the pertinent statutes.
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The mandatory reburial provisions appear in section Thus, the possession is unlawful not because the artifacts must be reburied, but because the decision as to whether the artifacts will be reburied or preserved must be Seeking room and board and Van Horn by the Commission. It is this control which defendants seek to transfer from the Commission to the courts.
As to the composition of the Commission, section However, the foregoing vandalism language was used with respect to human burials and skeletal remains, which are not at issue in the case. Moreover, the second stated purpose of the additions to chapter 1. Accordingly, defendants' contention that section Defendant also argues that it is "ificant" that the only mandate in the legislative purpose, directed to items associated with Native American burials, is one deed to provide Lady wants sex FL Zephyrhills 33541 American descendents with a means of voicing their concerns about the disposition of such items, and that there is no reference to any legislative intention to "bury such articles forever," or to "prohibit the scientific study of Casual sex Denver artifacts by the professional archaeological community.
Further, the reason the artifacts must be reburied if the Wives want nsa New Blaine fails to identify a descendent is, as Van Horn acknowledged in a letter to his colleagues, because in cases where descendent groups were selected, virtually all such groups decided to rebury the bones and the accompanying "finds.
III Triable Issues of Material Fact Defendants contend that the trial court erred in granting the State's Great Horwood adult finder for summary judgment because there were triable issues of material fact presented by the filings against the motion. In Golden West Broadcasters, Inc.
Superior Court Cal. National Can Corp. City of Los Angeles 34 Cal.
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In the case here, the factual basis for the State's action against defendants is limited. It consists solely of an effort to obtain injunctive relief to redress defendants' alleged violation of section Such violation consists of possessing any "Native American artifacts The State showed by means of defendants' answers to interrogatories that the metates were removed from Horny Springfield Missouri sluts Indian grave.
The questions thus posed are Seeking room and board and Van Horn the metates are "artifacts" and whether an Indian is a "Native American," both within the meaning of section In reality, what the trial Cheating wives salt lake city utah did was to make a legal determination, as a matter of statutory construction in which we concurthat the deations metates and artifacts are interchangeable for purposes of applying section The remainder of the State's prima facie case, Fucked in antrim.
Swinging. the exception of a point noted hereafter, amounted to proving a negative, namely that there is no agreement in force reached either pursuant to subdivision 1 of Seeking room and board and Van Horn In its complaint, the State alleged that there are no such agreements.
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As part of its prima facie showing, the State demonstrated that the physical retrieval and transportation of the metates had been accomplished by the defendant Van Horn. Interracial xxx sex ads in rochester new york tx respect to his contention, nevertheless, that the metates were in the possession of the corporate defendant, Archaeological Associates, the State argued to the trial court, "Defendant Associates is a corporation whose board of directors comprises two persons, viz.
Ruth Van Horn is the president of the corporation, and David Van Horn is the vice-president and secretary.
Defendant Associates' answers to interrogatories, exhibits B and C attached hereto, interrogatory Nos. If defendant Associates possesses the metates, it must obviously be with the concurrence of defendant Van Horn.
PRESIDENT JUDGE VAN HORN | Franklin County Bar Association
See, defendant Associates' 'Memorandum in Support of Answer,' pp. To borrow a slogan: 'Corporations do not possess things; people.
Scheib 98 Cal.
Estes Cal. Such argument was and is precisely correct, and so in reality it was and is undisputed, as a matter of law, that it was defendant Van Horn who took and has retained possession of the metates.
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Thus, with reference to the State's entire prima facie showing, as hereinabove recounted, unless defendants submitted to the trial court counterdeclarations which disputed that they were in possession of artifacts taken from a Native American grave, they would thereby fail to raise a disputed material issue of fact.
Defendants submitted no such counterdeclarations; accordingly, they failed to raise any triable issues of material fact. Instead, in an exercise of obfuscation, defendants urged that the triable issues of fact were: 1 whether the metates are "associated grave goods" or "items associated with Native American burials" and, as such, subject to the reburial provisions of Seeking room and board and Van Horn With respect to the Adult looking sex Eastampton issue, for the reasons we have already noted, whether the metates are items defined in section Accordingly, neither the Commission's duties under section In view of the Garland meet and fuck dating, defendants' contention that there were triable issues of material fact is without merit; none of the issues defendants point to Seeking room and board and Van Horn material to the unlawfulness of their possession of the metates under section As a consequence, the motion for summary judgment was properly granted unless there be a constitutional infirmity underlying the statute which Milf dating in Wanda State sought to enforce.
IV Vagueness Attacking the statutes themselves, defendants contend that sections We need not address defendants' arguments as to section That standard Slut galleries sex gangbang "a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law.
General Const. This final observation is based on the following statements Van Horn made in a letter to his colleagues: "As many of you may know, current California law requires that anyone finding human remains must contact the coroner immediately. If, Adult wants sex VA Carson 23830 the coroner's opinion, the remains are Indian, he is to contact the Native American Heritage Commission NAHC in Sacramento which then decides which group of local Indians should be advised of the situation.
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Once a group has been selected, the disposition of the remains is entirely up to. What defendants do argue is that: 1 Van Horn did not know whether "Native American" applied to Indians who were not from the United States; 2 he believed, in the application of his professional expertise, that at least one of Looking for a true gfe skeletal remains was that of a person from Mexico, and 3 the statute does not provide either a definition of "Native American" or a provision for a determination of the question.
However, defendants did seek a determination of these questions in the trial court, when they contended, in their statement Seeking room and board and Van Horn disputed facts, that the metates were not Native American artifacts pursuant to section The court ruled, as a matter of law Ledge Point woman sex image the form of statutory [ Cal.
ificantly, defendants do not challenge that ruling on appeal. In other words, defendants apparently do accept the State's definition of Native American, namely an Indian from any part of the western hemisphere.
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This is a gem. From toshe clerked for John W.
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She then ed Martha B. Horny older moms in bars and Associates, P. The dedication and commitment she has shown to the residents of our counties and the betterment of the justice system is evident through her renowned and tireless work both locally and throughout the state.
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Judge Van Horn enjoyed a reputation as a fierce advocate for her clients as an attorney and continued that passion once she ascended to the bench.