Canyon Files Petition With US Supreme Court on McDonald Taking
04 Novembre 2005 - 3:00PM
PR Newswire (US)
GOLDEN, Colo., Nov. 4 /PRNewswire-FirstCall/ -- Canyon Resources
Corporation (AMEX:CAU), a Colorado-based mining company, is today
filing a Petition for Writ of Certiorari with the United States
Supreme Court in the case of Seven Up Pete Venture et al. v The
State of Montana. This petition is being filed to meet the November
4 statutory deadline for filing such petition. This case was
initiated after the passage of the 1998 I-137 ballot initiative in
the State of Montana. Passage of this initiative resulted in a law
that was narrowly crafted to specifically outlaw the use of cyanide
to recover gold from ores mined by open pit methods. This was the
first of its kind in the US. By the time the initiative passed, the
Seven Up Pete Venture, currently wholly owned by Canyon Resources
and its subsidiaries, had spent over $70 million drilling,
permitting and engineering on its properties in Montana, including
the 10.6 million ounce McDonald gold project. The passage of this
initiative rendered the property worthless as no other gold
recovery process technology has been proven to be economically
viable for these ores. On June 8, 2005, the Montana Supreme Court
upheld the I-137 initiative and denied that a takings had occurred.
On July 19, 2005, the Venture filed its Motion to reinstate its
reserved Federal claim in the US District Court for the District of
Montana in Helena, Montana. The District Court has not yet ruled on
whether the Federal claims should be reinstated and heard on the
merits. The pertinent questions presented in The Venture's United
States Supreme Court petition are: "1) whether real property and
mineral leases, which included an opportunity for a mining permit,
are "property" protected under the Takings Clause; and 2) whether
the heightened constitutional scrutiny required under the Contracts
Clause where a State law impairs a State's own contracts may be
avoided if the State denies that the impairment was in its
financial self interest." "We believe that these questions
highlight the basic issues that are at the heart of our claims and
that these questions of law deserve due consideration and
clarification by the Court. The Venture has sustained a grievous
loss with the taking of value from its properties. Clarification of
the points of law stated above in our favor may allow resolution of
our claims," stated James Hesketh, President and CEO of Canyon
Resources Corporation. Canyon Resources Corporation, based in
Golden, Colorado, was formed in 1979. The Company has a history of
precious metals exploration success and can claim a number of
significant discoveries. Canyon currently owns the Briggs Mine in
California and is currently evaluating the re-start of that
operation. Canyon is also evaluating the potential development of
the Reward Gold Project in Nevada. This press release includes
"forward-looking statements" within the meaning of Section 27A of
the Securities Act of 1933, as amended and Section 21E of the
Securities Exchange Act of 1934, as amended. Actual results may
differ materially from any forward-looking statement whether
expressed or implied in this news release. The following risks and
uncertainties which could cause actual results to vary include, but
are not limited to, the speculative nature of mineral exploration,
precious metals prices, production and reserve estimates,
production costs, cash flows, environmental and governmental
regulations, availability of financing, judicial proceedings and
force majeure events and other risk factors as described from time
to time in the Company's filings with the Securities and Exchange
Commission. Most of these factors are beyond the Company's ability
to control or predict. FOR FURTHER INFORMATION, CONTACT: James
Hesketh, President and CEO (303) 278-8464 Valerie Kimball, Investor
Relations (303) 278-8464 http://www.canyonresources.com/
DATASOURCE: Canyon Resources Corporation CONTACT: James Hesketh,
President and CEO, +1-303-278-8464, or Investors, Valerie Kimball,
+1-303-278-8464, both of Canyon Resources Corporation Web site:
http://www.canyonresources.com/
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