UPDATE! Walker “Land Theft” Case Postponed
The Walker trial has been postponed…
When Under Attack, Tighten Your Stampede String
One way to block an opponent in a lawsuit is to cause a Stampede! Not of horses or cattle, but a stampede of reams and reams of paper filled with half-truths demanding immediate answers with no time to collect and present the correct information. This technique involves burying your opponent in so many documents that they can’t possibly sort it all out in the time allotted. Lawyers often analogize this to a “Box Car” load. When, as in Dorothy Walker’s land boundary dispute, six neighbors gang up and synchronize the download of affidavits, legal briefs, declarations, maps, surveys and legal descriptions can be confusing. At best, responding in a clearheaded fashion is a daunting task.
In Dorothy Walker’s case, this technique was used by her encroaching neighbors “to overwhelm” her with such Motions for Summary Judgment that were originally promised in the fall of 2017, but, were held back and presented simultaneously, in what appeared to be a coordinated effort to maximize the “stampede effect.” With all six of these Summary Judgment motions arriving on her doorstep on the last day of the deadline, February 2, 2018, making all six responses due by February 20th, barely three weeks to respond to what the neighbors took six months to concoct.
No one is saying that there was a plan to deprive Dorothy Walker of adequate time to resist all six Summary Judgment motions, but, as argued by her attorney, James Reid of Boise at the February 13, 2018 hearing seeking additional time, the lack of time to prepare responses would violate “fundamental fairness” principles of the American Justice System. Additional time was granted by the new presiding Judge, John Luster of Coeur d’Alene, Idaho, but that resulted in a continuance of the April trial to October 1, 2018.
Dorothy Walker is still in the middle of the battle of her life, trying to protect property rights and boundaries that were originally granted in the US Homestead Act of 1862.
With some exceptions, all land west of the Mississippi that was part of the Louisiana Purchase, became available for settlement by private citizens. After US Government surveyors marked the section corners, the boundaries of the Walker property were established in 1893 and 1894 by original homesteaders. She is asking the Judge to confirm her original boundaries despite interference from corrupt surveyors, encroachments by neighbors and squatters, all of whom have “tried to take portions of her land over the last 150 years.”
The Summary Judgment route chosen by the neighbors, who were sued to halt their invasion into the Walker property, would deny Dorothy Walker her day in court and require her to simply hand over portions of her property to those who have been trying to grab her land. We here at the US Observer think that our American Justice System will not be well served if Dorothy Walker is denied the opportunity to present her full evidence at a trial. She could be cut off by a judgment summarily granted without allowing her the opportunity to test all the evidence in that proceeding which we all believe brings out the truth.
We will be closely following the proceedings over the next few months as they lead up to the trial that is now set for early fall, just to make certain that justice does not take a holiday in the Dorothy Walker case.
Walker “Land Theft” Case Set for Trial
Idaho County, ID – After nine long years of battling neighbors in an attempt to protect her property lines from land theft, Dorothy Walker of Grangeville, Idaho is finally getting her day(s) in court. The trial has been set to begin on April 2, 2018 at the Idaho County Courthouse in Grangeville, Idaho.
What began as a simple boundary dispute with one neighbor has now evolved into a major property dispute involving several neighbors and multiple attorneys. In 2009, Walker sued neighbors of hers who were building a house on property that she had “owned and controlled” since 1968. Judge John Stegner ruled that Walker’s lawsuit must include all property owners who could be affected by this case as Defendants.
Dorothy and her husband Butch (now deceased) originally hired an attorney out of Boise, Idaho, confident she could get this issue straightened out in short order. After years of wasted efforts, her attorney filed a Motion for Summary Judgment and the Walkers realized “their attorney was giving away their property and opening them up to liability.” They immediately fired him and hired Attorney Wes Hoyt, who was able to have their Summary Judgment Motion withdrawn.
Dorothy Walker has hired two surveyors and a national surveying expert out of Alabama to protect the property she and her husband had originally purchased. The US~Observer has had its own surveyors look at the issues in this case and they conclude, not only is Ms. Walker correct regarding the locations of her property corners, the surveyors on the other side of this case have relocated (changed) property corners and there is strong evidence “they have actually manufactured corners and placed them in wrong locations.” Further, our experts tell us it is very clear that the Grangeville Highway District is attempting to claim property that belongs to Walker.
After literally spending hundreds of thousands of dollars to protect her property from this land theft and thinking that her representation was finally adequate, Dorothy Walker relaxed a bit only to find out that Judge John Stegner, who was presiding over her case, was prejudiced against her. Upon discovering conclusive evidence of Stegner’s prejudice, Hoyt forced the judge to recuse himself.
Judge Luster Appointed to Hear Walker Case
Senior Judge John Patrick Luster out of Coeur d’Alene, Idaho is the new judge appointed to hear Dorothy Walker’s case. Judge Luster conducted a “viewing” of the Walker property and will finally resolve this long-disputed case in April.
Editor’s Note: The numerous articles the US~Observer has published on the history of this land theft case can be viewed by starting here – other articles are listed below in related stories section.
We will be attending the Walker trial and will be publishing a complete and accurate report as soon as the trial concludes.