Canyon Resources Provides Update on Status of McDonald Takings Claim
13 Janvier 2006 - 1:50PM
PR Newswire (US)
GOLDEN, Colo., Jan. 13 /PRNewswire-FirstCall/ -- Canyon Resources
Corporation (AMEX:CAU), a Colorado-based mining company, reports
that on January 9, 2006, the State of Montana filed its brief with
the United States Supreme Court in opposition to the Venture's
Petition for Writ of Certiorari in the case of Seven Up Pete
Venture et al. v The State of Montana, as permitted by Court rules.
At the same time, the Rocky Mountain Law Foundation has submitted
an amicus curiae, or friend of the court brief, in support of the
Venture's Petition. The Rocky Mountain Law Foundation is a
non-profit, public interest legal center dedicated to individual
liberty, the right to own and use property, limited and ethical
government, and the free enterprise system. The State of Montana's
brief was supported by an amicus curiae brief submitted by the
Montana Environmental Information Center, et al. The Venture now
has until January 19th to submit a reply brief to respond to the
State of Montana's brief. Once this final brief has been submitted
the case will be docketed for conference where the nine Supreme
Court Justices confer on whether or not this case has sufficient
national or legal significance to be heard by the Supreme Court. A
total of four justices must agree to hear a Petition for the case
to be heard before the full Court. This process can be expected to
be completed prior to the end of February 2006. "We believe, as
does the Rocky Mountain Law Foundation, that the questions
presented in our case have sufficient merit to require
consideration and clarification by the Court. The Venture has
suffered a grievous loss with the taking of value from its
properties without compensation, which is a right normally
protected under the Fifth Amendment of the US Constitution. Should
the Supreme Court decide not to hear this case some level of
recourse may still exist in the lower courts as our claim filed in
the US District Court remains open," states James Hesketh,
President & CEO. 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
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. The Company
filed complaints before Montana state courts to recover the taken
value of its properties, protect its mining leases and question the
legality of the I-137 initiative. On June 8, 2005, the Montana
Supreme Court upheld the I-137 initiative and denied that a taking
had occurred. The Montana Supreme Court also affirmed cancellation
of the Venture's State mining leases. 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 their merits. On November 4,
2005, the Company's wholly owned subsidiary, the Seven Up Pete
Venture, combined with private plaintiffs, filed a Petition for
Writ of Certiorari with the United States Supreme Court, meeting
the statutory deadline for filing such petition. About Canyon
Resources Canyon Resources, 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. Such forward-looking statements include, among others, our
belief regarding the merits of the McDonald litigation and the loss
to the Company resulting from the I-137 initiative. Factors that
could cause actual results to differ materially from these
forward-looking statements include, among others: the outcome of
the McDonald litigation as well as other possible judicial
proceedings; and other risk factors as described from time to time
in the Company's filings with the Securities and Exchange
Commission. Many of these factors are beyond the Company's ability
to control or predict. The Company disclaims any intent or
obligation to update its forward-looking statements, whether as a
result of receiving new information, the occurrence of future
events, or otherwise. FOR FURTHER INFORMATION, CONTACT: James
Hesketh, President & CEO or Valerie Kimball, Investor Relations
(303) 278-8464 (303) 278-8464 DATASOURCE: Canyon Resources
Corporation CONTACT: James Hesketh, President & CEO, or Valerie
Kimball, Investor Relations, both of Canyon Resources Corporation,
+1-303-278-8464 Web site: http://www.canyonresources.com/
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