tne ome ofthe Cour CARA K. SHEEHAN Wetiene Rant Clack of Nevada Bar No. 14119 Nevada Legal Services, Inc. AUG 27 ‘hid 204 Marsh Avenue, Suite 101 Reno, Nevada 89509 (775) 284 3491 x 232 Time Recorded gem, csheehan@nlslaw.net Court Clerk Attomey for Appellant IN THE COURT OF INDIAN OFFENSES. FOR THE WESTERN REGION WINNEMUCCA INDIAN COLONY, Petitioner, Case No. CIV-19-WRI7 ANSWER TO PETITION TO EVICT ELENA LOYA AND ALL PERSONS RESIDING AT 1149 CINNABAR ST. v ELENA LOYA, and all person residing at, 1149 Cinnabar St., Respondents. COMES NOW, ELENA LOYA, Respondent, by and through her counsel, CARA K. SHEEHAN, ESQ, on behalf of NEVADA LEGAL SERVICES, INC., and submits this answer to Petitioner, WINNEMUCCA INDIAN COLONY, (hereinafier referred to as “Petitioner”), Petition to Eviet Elena Loya and All Persons Residing at 1149 Cinnabar St, filed on June 13 2019, on file herein admits, denies, alleges and avers as follows: paragraph I. ‘The Respondent affirms the statement set forth in paragraph 2. No allegations made to admit or deny eon The Respondent affirms the allegation set forth in paragraph 3. ‘The Respondent is without sufficient information upon which to form a belief as to the truth or falsity of the allegations set forth in paragraph 4. 5. Respondent denies the allegation set forth in paragraph 5. 6. Respondent denies the allegation set forth in paragraph 6. Petitioner has never provided the opportunity to enroll as a member of the Winnemucca Indian Colony, as there has been no membership committee at any relevant time.7. The Respondent is without sufficient information upon which to form a belief as to the truth or falsity of the allegations set forth in paragraph 7, due to the Petitioner failing to state this claim with specificity 8. Respondent denies allegation set forth in paragraph 8. 9. Respondent denies allegation set forth in paragraph 9. 10. Respondent denies the allegation set forth in paragraph 10. 11. The Respondent is without sufficient information upon which to form a belief as to the truth or falsity of the allegations set forth in paragraph 11 WHEREFORE, Respondent pray as follows 1. That the Petition filed in this matter be denied; and, 2. Such other n as the Court may deem just and proper. Respondent is informed and belief and therefore allege as affirmative defenses as follows: FIRST AFFIRMATIVE DEFENSE Respondent is informed and believes, and therein alleges the complaint fails to state facts sufficient to constitute any cause of action against this Respondent. SECOND AFFIRMATIVE DEFENSE Respondent voluntarily and knowingly waived each and all of its purported rights and causes of action against this answering Respondent. THIRD AFFIRMATIVE DEFENSE All possible affirmative defenses may not have been alleged herein insofar as sufficient facts were not, and are not available to this answering Respondent after reasonable inquiry and at the time of the filing of this Answer to the Petition, Respondent reserves the right to amend this Answer to allege additional affirmative defenses or add causes of action by way of amendment, if subsequent investigation so warrants.CERTIFICATE OF MAILING Thereby certify that on this 22" day of August, 2019, I served the foregoing Answer to Petition to Evict Elena Loya and All Persons Residing at 1149 Cinnabar St., upon the following person(s), by mail to the following: Bureau of Indian Affairs Court of the Indian Offenses of the Western Region 2719-4 Argent Ave. Elko, Nevada 89801 Treva Hearne, Esq. 595 Humboldt St Reno, NV 89509 wustle Sop Employee of Nevada Legal Services‘THE COURT OF INDIAN OFFENSES JUN 14 2019 FOR THE WESTERN REGION WINNEMUCCA INDIAN COLONY ; Time Recorded 0 WINNEMUCCA INDIAN COLONY, aes Petitioner, Case No.: CIV-19-WRI7 vs ELENA LOYA, and all persons residing at 1149 Cinnabar St., 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 ELENA LOYA, and all persons residing with or on the premises of 1149 Cinnabar Street, Winnemucca Indian Colony, Winnemucca, Nevada. Having been advised in the premises and having fully considered the matter, this Court FINDS: 1. That ELENA LOYA and any and all other persons are hereby provided notice that they are being requested to remove themselves and their property from the premises of 1149 Cinnabar St., 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 1149 Cinnabar Street, 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.RECV'D in |The Office of the Court Clerk of ‘Western Region TREVA J. HEARNE, Esq. JUN 13 2019 595 Humboldt, Reno, Nevada 89509 Ph. 775-329-5800 [Time Recorded Fx 775-329-5800 a ‘TrevaHlearne@gmajl.com IN THE COURT OF INDIAN OFFENSES FOR THE WESTERN REGION WINNEMUCCA INDIAN COLONY, Case Nor CIV~|9-WRIT Petitioner, Petition to evict ELENA “ LOYA and all persons ELENA LOYA, and all persons residing at 3149 Cinnabar St., 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| 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. amSocwmraauneun WW 13 14 15 16 17 18 19 20 21 22 2B 24 25 26 27 28 Treva J. Hearne, NV State Bar No. 4450 595 Humboldt St. Reno, Nevada 89509 Tel: (775) 329-5811 Fax: (775) 329-5819 Attorney for the Winnemucca Indian Colony PETITION FOR AN ORDER OF THE COURT TO EVICT CERTAIN RESIDENTS FROM THE LANDS OF THE ‘WINNEMUCCA INDIAN COLONY 1. JURISDICTION ‘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 Winnemucca 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. To the best knowledge and belief of the Petitioners, the Respondents are persons who reside at this property without right, title or interest including but not limited to Elena Loya at 1149 Cinnabar St., (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 2Sew x2a wen MW 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 are violated, the peace and harmony of the community is disrupted and the government is not recognized by the Respondents. Claim for Relief .. The Petitioners incorporate all paragraphs of this Complaint as if fully set out, herein. ... This is an action to evict persons living on the lands of the Winnemucca Indian Colony. . 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. . The legal description of the property is: ‘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 ¥s, SW ¥% of Section 29, Township 36 North, Range 38 East, Mount Diablo Meridian, Nevada. .. Respondents are residing on the property without right, title, interest or any other claim. . The Respondents are not members of the Winnemucca Indian Colony. . 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)...Sewrd AHR wn ul 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 (b) To prevent the sale, disposition, lease or encumbrance of any colony lands, 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 that mobile home site so designated by the Council... Section 3(c) (2.)(a) provides that each mobile home shall have a fifteen (15) ing 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 4Cer anna wn 10 ul 12 13 14 15 16 7 18 19 20 au 22 23 24 25 26 27 28 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. Further the Respondent has been observed to engage in the unlawful sale of, rugs and paraphernalia and threaten violence upon the person of other peaceful residents of the Colony. 9. 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. 10. 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. 11. The Petitioners are acting in their official capacity as the government of the Winnemucca Indian Colony in evicting these persons. 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_/Z-“* day of June, 2019. Treva J. He Reno Law Group 595 Humboldt St. . Reno, Nevada 89509 Ph. 775-544-5801Certific = I certify that I, Treva J. Hearne, represent the Movants and that I am over 18 m years of age and that (2* | 2019, I emailed this Petition for Eviction to the Clerk of the CFR Gourt, for service on the parties just as the manner of service of the the prior Petitions and Responses on the Winnemucca Indian Colony Council. Cer Ane on 10 11 12 B 4 15 16 7 18 19 20 21 22 23 24 25 26 27 28 a DATED this /— “Gay of June, 2019. Treva J. Hearne6 27 28 RECV'D in ne Office of the Court Clerk of ‘Western Region Treva J. Hearne, Esq. NV Bar #4450 Reno Law Group 595 Humboldt Street Reno, NV 89509 (775) 329-5800-Telephone (775) 329-5819-Facsimile JUN 13 2019 IN THE COURT OF INDIAN OFFENSES: FOR THE WESTERN REGION CaseNo. C(V-19-WRIT WINNEMUCCA INDIAN COLONY, et al, PETITIONER, DECLARATION OF TREVAJ. HEARNE I, Treva J. Hearne, Esq., do hereby declare under the pains and penalties of perjury that the following assertions are true: 1. Tam an attorney licensed to practice law in Nevada and I represented the PETITIONERS in this case. 2. [have 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. It is 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.Reno Law Group, LLC 95 Humboldt Stet Reno, NV 89509 (775) 329 5800-Teephone (0775) 329-5819-Facsimile 24 25 26 2 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. Dated: 06/12/2019 /s/ Treva J. Hearne, Esq. ‘Treva J. Hearne, EsqIN THE COURT OF INDIAN OFFENSES FOR THE WESTERN REGION WINNEMUCCA INDIAN COLONY, Case Ni Petitioner, (Proposed) ORDER ELENA LOYA and all other persons residing at 1149 Cinnabar St., 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. ITIS SO ORDERED. Dated this of, 2019. MAGISTRATE