In two previous articles, Shawna Cox brought the matter of Jurisdiction to the Court. The first, explained in “Public Lands – Part 1 – It’s a Matter of Jurisdiction“, was filed in response to the government’s “Motion for Judicial Notice” (1229), providing proof of ownership of the land upon which the MNWR headquarters sit. In that Motion, filed September 9, 2016, they cited no previous motion to which they were responding.
Shawna, based upon a chain of title that she had received, had no dispute with the ownership. However, neither the government’s request for judicial notice and attached documentation nor the chain of title provided any indication that the land, which both parties agreed, had been in private hands before the government reacquired it, had been ceded back to them by Oregon.
Shawna then filed her “Response to and Motion for Judicial Notice Regarding Ownership & Ceding of the MNWR Headquarters Area” (1245). In that Motion, she stipulated the government’s ownership and asked the Court to take Judicial Notice that the subject lands had not been ceded back to the federal government by Oregon. The Motion was quite simple and simply stated that since no proof of ceding had been provided, the Judicial Notice was in order.
The government then filed its Response (1272) to a number of motions, including Shawna’s Motion. Geoffrey A. Barrow, the attorney that signed the Response, apparently has a reading disorder.
Shawna never contested the government’s motion for judicial notice. Instead, she stipulated that they did own the land. However, he chose to read into her motion what he thought the Judge might like:
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