Forgotten People file Notice of Suit against the Navajo-Hopi Land Commission

NOTICE OF SUIT
Navajo Nation Sovereign Immunity Act

NOTICE OF EQUITABLE ACTION AGAINST NAVAJO NATION AND ITS OFFICIALS,
THE NAVAJO-HOPI LAND COMMISSION, NAVAJO-HOPI LAND COMMISSION OFFICE AND ITS STAFF ASSISTANT, THE CONTROLLER OF THE NAVAJO NATION,
and OTHER UNKNOWN ENTITIES AND INDIVIDUALS.

TO: The President of the Navajo Nation
The Attorney General of the Navajo Nation

PLEASE TAKE NOTICE, pursuant to 1 N.N.C. § 555(A) (2005), that The Forgotten People and Don Yellowman, on behalf of themselves and a class consisting of the beneficiaries of the Navajo Rehabilitation Trust Fund, desire to institute suit against the Navajo Nation or its officers, employees or agents, and the prospective plaintiffs give notice that amends its prior notice dated October 22, 2010, retroactive to such date, follows:

Prospective Plaintiffs

The prospective parties include all those impacted by the proposed Twin Arrows Casino or who are denied the benefit of the income and investment from it, as previously stated.

Prospective Defendants

The prospective defendants are the same as in the prior notice.

Nature of Claims

The August 25, 2010 special warranty deed to the “Navajo Nation of Indians (the ‘Navajo Nation’)” created a covenant that runs with the land, deed restriction, or other special condition, that “the Twin Arrows Parcel shall be used solely for the benefit of Navajo families … awaiting relocation….” That is a specific trust in their favor.

The claim stated in the prior notice is restated here, that there is an equitable resulting trust in favor of Navajos for whom the lands were set aside. They are the victims of the Navajo-Hopi Land Dispute, beneficiaries of legislation for their benefit, and the refugees or survivors of the Navajo-Hopi Land Dispute and the Bennett Freeze. Their situation, and the purposes of the tract of land, create a resulting trust in their favor.

There is also a social trust on that tract of land that arises from the aboriginal rights of the refugee-survivors of the Navajo-Hopi Land Dispute, their suffering, their neglect by governments (including their own Navajo Nation government), and arises from a natural law social mortgage.

Given the current political situation of the Navajo Nation and past financing issues with casinos the prospective plaintiffs will also examine fiduciary issues regarding Twin Arrows and compliance with financial statutes and controls, and assert claims as needed.

Relief to be Sought

The prospective plaintiffs seek the relief previously stated, without any limitation on potential relief.

Plaintiffs’ Attorney

The prospective plaintiffs’ attorney is as previously stated and other potential attorneys.

Dated this 24th day of November, 2010

THE FORGOTTEN PEOPLE AND OTHERS

By____________________________________________
Don Yellowman, President of the Forgotten People
P.O. Box 1661
Tuba City, Navajo Nation
(Arizona) 86045

Tel: (928) 401-1777

32 Thoughts on “Forgotten People file Notice of Suit against the Navajo-Hopi Land Commission

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    • forgottenpeople on March 1, 2011 at 10:01 am said:

      A colleague designed the website, another colleague designed the blog and I keep it updated, learned how to post photos to keep it more visual and as you can see, are dealing with the effects of a 43-year US government imposed development freeze and uranium and coal mining issues. Thank you for your comment.

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