08/22/2013 19:85 FAK Twozu/yaiu0 wnu-Imapny-ouvennment 10 a 2 a 14 35 16 ” 18 19 20 a 2 23 24 2s 26 27 28 1 Senior Center Te16023704100 oe/e2/2019 02:24 #240 P.002/003 In The Court of Indian Offensive For Western Region Petitioners: Doreen Brown, Dwight Brown, Lowella Brown, Eldo} |George ‘Trial Division The Oee ofthe Court Clerk of IVS. Case # CIV-19-WR1 ‘Western Region Winnemucca Indian Colony AUG 27 2018 Chairperson Judy Rojo . rime Recordea_X-OTD0\ [Court Clerk | Comes now, the above name Petitioner, appearing in person and represents to ithe court a Motion To Appeal the Notice / Order of Demand For Eviction received in the office of the Court Clerk of the Western Region on June 14, 2019 and signed by Marsha Harlan, Chief Magistrate. This motion is based on the facts that there are no provisions or Procedures on Evictions applicable under the Law and Order Codes of the Winnemucca Indian. Colony or Section 25 — Code of Federal Regulations and the fact that the Notice / Order of Demand For Eviction was not served by law enforcement, rather it was delivered by placing on fences and left around homes, so not all families received their Notice / Order of Demand for Eviction. This document was placed on fences and properly served and received. Also Ordinance No. 101 is questionable as far aslegality. “© Qh Doreen Brown08/22/2018 13:35 FAX Te0Zurse10U Ynu- I napat-ouvennmens ~ FromiPieasant Senior Center To1e023704100 pe/22/2018 02:24 #240 P.009/008 ; Ou f— 2| Owight Brown 5| Lowella Brown 7 Elden i Bern 8 Eldon Brown 19] Habs A rorya a Gilbert George 2 a3 al Date: August 19, 2019 as 6 a] aa a8 20) 2 2 23 2IN THE COURT OF INDIAN OFFENSES FOR THE WESTERN REGION WINNEMUCCA INDIAN COLONY WINNEMUCCA INDIAN COLONY, Petitioner, Case No. CIV-19-WRI9 vs DWIGHT BROWN, DOREEN BROWN, LOUELLA BROWN, aka LOUELLA GEORGE, aka LOUELLA STANTON, ELDON BROWN, GILBERT GEORGE and all persons residing with or on the premises of the Brown occupation and any other persons known or unknown residing with the Brown family, except and excluding ALVA BROWN, Respondents NOTICE/ORDER OF DEMAND FOR EVICTION NOW on this 14th day of June, 2019, this matter comes before me the undersigned Magistrate upon Petitioner's Petition for Eviction of all DWIGHT BROWN, DOREEN BROWN, LOUELLA BROWN, aka LOUELLA GEORGE, aka LOUELLA STANTON, ELDON BROWN, GILBERT GEORGE, and all persons residing with or on the premises of the Brown occupation and any other persons known or unknown, except and excluding ALVA BROWN. Having been advised in the premises and having fully considered the matter, this Court FINDS: 1. That DWIGHT BROWN, DOREEN BROWN, LOUELLA BROWN, aka LOUELLA GEORGE, aka LOUELLA STANTON, ELDON BROWN, GILBERT GEORGE and any and all other persons, except and excluding ALVA BROWN, are hereby provided notice that they are being requested to remove themselves and their property from the premises of the Brown ‘occupation, Winnemucca Indian Colony, Winnemucca, Nevada. 2. That failure of the Respondents to vacate the premises shall result in an Order for Removal of their persons and property from the Winnemucca Indian Colony on October 24, 2019. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Respondents residing at the Brown occupation, Winnemucca Indian Colony, Winnemucca, Nevada, are herebynoticed of the Petitioner’s demand that they remove themselves and their personal property from all lands within the Winnemucca Indian Colony. IT IS SO ORDERED. MARSHA HARLAN, CHIEF MAGIS"SBOd05 65 8 10 ul 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‘Trial Division RECV'D in he Ose eee of TREVA J. HEARNE, Esq. JUN 13 2019 595 Humboldt, Reno, Nevada 89509 Ph. 775-329-5800 IN THE COURT OF INDIAN OFFENSES FOR THE WESTERN REGION WINNEMUCCA INDIAN COLONY, CaseNo.: C(U-19-VR1Y Petitioner, . Petition to Evict Brown : famil: DWIGHT BROWN, DOREEN BROWN, LOUELLA BROWN aka LOUELLA GEORGE, aka LOUELLA STANTON, ELDON BROWN, GILBERT GEORGE, and all persons residing with or on the premises of the Brown occupation and any other persons known and unknown residing with the Brown family, except and excluding ALVA BROWN, Respondents. COMES NOW, the WINNEMUCCA INDIAN COLONY, by and through its duly} elected and recognized Council, and, by and through their counsel, RENO LAW| GROUP, and, hereby, petitions this Court for an Order to evict certain residents of the| Colony for violation of the Mobile Home Ordinance, and for the reasons that these| Respondents are a threat to the public’s health and safety, and in order to preserve the| orderly system of government. In support of this Petition, the Winnemucca Indian|Sowwxrauneon oo 12 13 14 15 16 7 18 19 20 2 2 23 24 25 26 27 28 Colony incorporates the record in these matters, any statements of the Court and the Points and Authorities that follow. DATED this 12th day of June, 2019. Treva J. Hearne, NV State Bar No. 4450 595 Humboldt St. Reno, Nevada 89509 (775) 329-5811 Fax: (775) 329-5819 Attorney for the Winnemucca Indian Colony PETITION FOR AN ORDER OF THE COURT EVICT CER} RESIDENTS FROM THE OF WINNEMUCCA INDIAN COLONY L ICTIO’ ‘The lands that are the subject of this petition are the lands of the Winnemucca Indian Colony. This is a civil eviction under the Constitution and By-laws and Ordinances of the Winnemucea Indian Colony. The Petitioners are the duly elected, recognized and presently serving Council of the Winnemucca Indian Colony. ‘The Respondents are persons who are not members of the Winnemucca Indian Colony, and who have, during the absence of a recognized government on the Colony, taken up residence without authority, right, or legal entitlement to that residency, and have violated the Constitution and By-laws of the Colony, have violated the ordinances of the Colony and have created public and private nuisances and health hazards by the deposition of solid and hazardous waste upon the ground. Moreover, these Respondents| ACer an eon 10 ul 12 1B 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 have caused other residents to live in fear of the threats of violence to their safety and persons. To the best knowledge and belief of the Petitioners, the Respondents are named Dwight Brown, Doreen Brown, Louella Brown aka Louella George aka Louella Stanton, Eldon Brown, Gilbert George and all persons who reside at their direction on these properties and all appear to reside and or occupy lands located at 311, 323, 337, 353 Bell St., 112 and 122 Sioux (Sue) St. except and excluding Alva Brown which this Petition does not seek to evict. (See Declaration of Treva J Hearne attached hereto) ‘The Winnemucca Indian Colony Council is charged with protecting the health and safety of the Colony pursuant to Article VI, Section 1. Further, the Winnemucca Indian Colony cannot govern in the best interest of the Colony if the laws of the Colony are violated, the peace and harmony of the community is disrupted and the government is not recognized by the Respondents. for Rel 1. The Petitioners incorporate all paragraphs of this Complaint as if fully set out herein. 2. This is an action to evict persons living on the lands of the Winnemucca Indian Colony. 3. The lands consist of twenty acres held in title by the United States of America for the benefit of the Winnemucca Indian Colony, a federally recognized Tribe. 4. The legal description of the property is:a ar cr) 10 u 12 13 14 15 16 17 18 19 20 i 2 23 24 25 26 27 28 ‘The 20 acres acquired by the Acts of May 21, 1928 (45 Stat. 618) and May 29, 1928 (45 Stat. 899) and described as N1/2, NE ¥/4, SW ¥ of Section 29, Township 36 North, Range 38 East, Mount Diablo Meridian, Nevada. 5. Respondents are residing on the property without right, title, interest or any other claim. 6. The Respondents are not members of the Winnemucca Indian Colony. 7. The Respondents have violated the Constitution and By-laws and the Ordinances of the Winnemucca Indian Colony towit: Article VI, Section 1: The Winnemucca Colony Council shall exercise the following powers, subject to any limitations imposed by the laws or the Constitution of the United States. (a)... (b) To prevent the sale, disposition, lease or encumbrance of any colony Jands, interests in land, or other colony assets without the consent of the council. (h) To enact ordinances to protect the health, welfare, and property of the members of the colony and for other purposes considered in the best interest of the Colony. ‘And pursuant to this responsibility to protect the lands of the Winnemucca Indian Colony, the Colony adopted Ordinance No. 101: Section 3 (a) specifically prohibits the parking of travel trailers for residential use. Section 3(b) prohibits persons from establishing, enlarging, converting constructing or maintaining a mobile home upon any land or lands except 4Sogou So & 10 u 12 13 4 15 16 7 18 19 20 21 22 2B 24 25 26 27 28 that mobile home site so designated by the Council. .. Section 3(c) (2.)(a) provides that each mobile home shall have a fifteen (15) foot setback adjoining all existing Colony street lines. (b) provides that the yard area shall be landscaped and maintained in a manner comparable to a residential front yard. (©) provides that the fences may not be more than four feet high; 3. of this same section provides that each mobile home site shall be 2400 square feet or 4800 square feet and there must be fifteen feet between any building and another mobile home. ‘The section also requires skirting and concrete runways under the mobile homes In Section 4, provides that failure to abide by the rules is a cause for eviction...and one of the enumerated reasons for eviction is found in Section 4(b) 7. Any action which may adversely affect the health and safety of residents. 8. The Petitioners served the respondents with a notice to clean up the premises or leave the premises on April 1, 2015, and again on April 12, 2019, and again on May 15, 2019 by posting notice on the premises. 9. The Respondents were given ample time to clean the premises or deliver possession to the Winnemucca Indian Colony Council and the Respondents have refused to do either. 10. The Petitioners are acting in their official capacity as the government of the ‘Winnemucca Indian Colony in evicting these persons.Sowmyrd] 4H» kon MW 12 1B 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 WHEREFORE FOR THE ABOVE-STATED REASONS, the Petitioners request an order to evict the Respondents from the lands of the Winnemucca Indian Colony. Dated this 727 * day of June, 2019. Zila reva J. Hearne Reno Law Group 595 Humboldt St. Reno, Nevada 89509 Ph. 775-544-5801 Certificate of Service I certify that I, a learne, represent the Movants and that I am over 18 years of age and that 93 /&7~ , 2019, emailed this Petition for Eviction to ‘the Clerk of the CFR Court, for se1 on the parties just as the manner of service of the the prior Petitions and Responses on the Winnemucca Indian Colony Council. DATED this/Z “day of June, 2019. Treva J. Hearne18 9 20 21 2B 24 25 26 a 28 Ghe Court Clerk of ‘Western Region JUN 1 3 2019 ‘Treva J. Hearne, Esq. NV Bar #4450 Reno Law Group 595 Humboldt Street Reno, NV 89509 (775) 329-5800-Telephone (775) 329-5819-Facsimile INTHE COURT OF INDIAN OFFENSES FOR THE WESTERN REGION ——————— caseno. Clv~ 19-WRI9 WINNEMUCCA INDIAN COLONY, et al, PETITIONER, DECLARATION OF TREVAJ. HEARNE, a I, Treva J. Hearne, Esq., do hereby declare under the pains and penalties of perjury that the following assertions are true: 1. Lam an attorney licensed to practice law in Nevada and I represented the PETITIONERS in this case. ‘2. Thave been on the twenty acres of the Winnemucca Indian Colony and the names and addresses are true to the best of my knowledge and belief. 3. Persons have blurred the lines of the lots and addresses by encroaching upon other lands and, therefore, are found at more than one address. 4. Many of the persons are transient and think they are renting residential housing from the Ayer family and have not identified themselves to the Colony. 5. Itis the intent of the Council to clear all persons from the Colony but for those that recognize the Council, have entered into agreements and who reside lawfully and peacefully within the boundaries of the Colony.28 26 n 28 6. Ihave prepared these petitions under the direction of the Council and its advisors to the best of our knowledge and belief of the circumstances on the Colony on this date. : 06/12/2019 Trevaud. Hearne /s{ Treva J. Hearne, Esq Treva J. Hearne, EsqIN THE COURT OF INDIAN OFFENSES FOR THE WESTERN REGION WINNEMUCCA INDIAN COLONY, Case No.: Petitioner, | Proj ORDER DWIGHT BROWN, DOREEN BROWN, LOUELLA BROWN aka LOUELLA GEORGE, aka LOUELLA STANTON, ELDON BROWN, GILBERT GEORGE, and all persons residing with or on the premises of the Brown occupation and any other persons known and unknown residing with the Brown family, except | and excluding ALVA BROWN, Respondents. This cause came before the Court of Indian Offenses, and the Court being fully| apprised of the circumstances, and the parties being timely noticed of the evictions, the| Court orders as follows: “The Respondent may exit the lands of the Winnemucca Indian Colony with their| personal property on or before October 24, 2019, or, after that date, they will be evicted! by removal of their persons and property from the lands of the Winnemucca Indian| Colony. IT IS SO ORDERED. Dated this of, , 2019.Cor anneun 10 u 12 13 14 15 16 7 18 19 20 2 22 23 24 25 26 27 28 MAGISTRATE