It’s been a bad legal year for the county movement.
First came the March ruling in Nevada that struck down a Nye County
ordinance claiming the county owned federal lands. Now, two public
employees in New Mexico seem to have prevailed in their case
against county-movement leader Dick
Manning.
“(Due to a court-imposed gag order) I’m
not allowed to say we were victorious,” says Jeff DeBonis,
executive director of Public Employees for Environmental
Responsibility, a D.C.-based watchdog group that helped with the
case, “but I can say I’m happy.”
Manning had
sued Robert Salter, a New Mexico water resource specialist, and
Thomas Dwyer, a Forest Service employee, for trespass when they
inspected his locked mining operation on public land near Mogollon,
N.M. Manning’s complaints were eventually dismissed, but both men
decided to sue Manning for harassment and malicious prosecution
(HCN, 10/30/95).
Supporters of the plaintiffs
hinted that the out-of-court settlement would act as a deterrent:
“They will never do it again because they just got creamed in their
pocketbook,” says Sam Hitt of Forest
Guardians.
To make matters worse for Manning, the
gold and silver miner lost a similar court case less than a week
later. A district judge in Albuquerque ruled that the inspectors
did not need permission to enter Manning’s unpatented claim and
that Manning must post a reclamation bond. Manning’s lawyer, Pete
Domenici Jr. – son of the New Mexico senator – could not be reached
for comment.
* Elizabeth
Manning
This article appeared in the print edition of the magazine with the headline What goes around, comes around.
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