Duro

PROCEEDINGS: FINDINGS OF FACT AND CONCLUSIONS OF LAW

ORDER RE REMEDIES AFTER BENCH TRIAL

After deciding in favor of the United. States of America (the “government”) in part in its summary judgment Order, the Court received evidence during an eight-day bench trial, and heard closing arguments on this day. Based on the record before it, the Court makes the following findings of fact and conclusions of law, and makes the following order regarding an appropriate remedy.

I. FINDINGS AND CONCLUSIONS AS TO LIABILITY

On October 7, 2007, the government filed a complaint against Harvey Duro, Sr., and Desert Mobilehome Park, Inc. (“the Park”), seeking injunctive relief, money damages, and “such other and further relief as the Court deems appropriate.” The complaint alleged a violation of the Court-approved Stipulation that settled the parties’ prior case (United States v. Harvey Duro. Sr., ED CV 03-0754 RT (SGLx) (“Duro /”)): failure to obtain a lease in violation of 25 U.S.C. § 415 ; public nuisance; and private nuisance.

On April 1, 2009, the Court found in favor of government with respect to the claim for breach of the Stipulation (based largely on Mr. Duro’s failure “to bring the…