United States v. Torlaw Realty, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. INTRODUCTION

The United States filed its complaint on July 2, 2003, which alleged seven claims for relief, for: violation of 25 U.S.C. § 415 ; violation of the BIA’s cease and desist order; trespass; ejectment; and three claims for violation of Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6973 , RCRA § 7003(a). The United States filed its first motion for summary judgment based on its First Claim for Relief on July 14, 2006, seeking an order finding that Defendants violated 25 U.S.C. § 415 by failing to obtain a lease approved by the U.S. Department of the Interior before commencing operations on the property at issue, and requesting that a permanent injunction be issued ordering Defendants to cease and desist all operations on the property in question and to vacate the property. On August 7, 2006, the Court granted the permanent injunction, ordering Defendants Kim Lawson and Lawson Enterprises “to immediately cease and desist all activities on, and to immediately vacate the land in question. Defendants are ordered to refrain from operating any business on the land unless and until they obtain a lease that has been…