Mr. Iwama,
 
I spoke with Solicitor Jim Turner this morning after a conversation you had with him.  For your information, Reclamation has no intent to "lock out" any Permittee from Pleasure Cove Marina at this time.
 
Pete Lucero, Park Manager
Bureau of Reclamation - Lake Berryessa
5520 Knoxville Road
Napa, CA 94558
707-966-2111 x106
707-966-0409 fax
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                      UNITED STATES DISTRICT COURT

                    NORTHERN DISTRICT OF CALIFORNIA

                                (San Francisco Division)

                                     Civil Action No.  
      COMPLAINT - FOR DECLARATORY AND INJUNCTIVE RELIEF TO INVALIDATE AND PREVENT ENFORCEMENT OF ORDER DENYING ACCESS AND PERMANENT REMOVAL OF PRIVATE PERSONAL PROPERTY ON FEDERAL ESTATE
MANAGED BY DEFENDANTS

Plaintiffs, OSCAR BRAUN and ANDREA BRAUN, 
                        v.                                                                                           

Defendants, GALE NORTON, in her official capacity as the SECRETARY OF U.S. DEPARTMENT OF                      
THE INTERIOR; JOHN W. KEYS, in his official                               
capacity as the COMMISSIONER OF THE    
BUREAU OF RECLAMATION;     
KIRK C. ROGERS, in his official capacity as the   
REGIONAL DIRECTOR OF THE BUREAU ) 
OF RECLAMATION; MICHAEL R. FINNEGAN,   
in his official capacity as the AREA MANAGER  
OF THE BUREAU OF RECLAMATION;   
PEDRO “PETE” LUCERO, in his official   
capacity as the PARK MANAGER OF THE  
BUREAU OF RECLAMATION,   
and Does 1 through 10,    
       
I. 1.This is an action for declaratory and injunctive relief pursuant to Title 28 United States Code, sections 2201 and 2202, for the purpose of determining a question of actual controversy between the parties and enjoining defendants’ action as hereinafter more fully appears.
   
II. 2. The jurisdiction of this action is based on Title 5 United States Code, section 702 granted to this Court because the defendants the U.S. Department of the Interior and the Bureau of Reclamation are federal agencies working within the territory of the United States of America.
 
III. 3.Venue is appropriate in this Court because a substantial part of the events or omissions which give rise to this action occurred in the Northern District of California.

IV. 4.This action should be assigned to the San Francisco Division of the Court because the unlawful practices alleged in this complaint occurred in the Country of Napa.

V. 5.Plaintiffs OSCAR BRAUN and ANDREA BRAUN are citizens of the United States and reside in Half Moon Bay, California, and are contesting rights with respect to private personal property located on Federal estate owned by the United States and managed by defendants U.S. Department of the Interior and the Bureau of Reclamation at the Lake Berryessa Recreation Area, Pleasure Cove Marina (“Pleasure Cove Marina”), Napa County, California.
  
VI. 6.Defendants U.S. DEPARTMENT OF THE INTERIOR and the BUREAU OF RECLAMATION and the named Federal officials and agents in their respective official capacities are: GALE NORTON, Secretary of the Interior, U.S. Department of the Interior; JOHN W. KEYS, Commissioner, Bureau of  Reclamation; KIRK C. ROGERS, Regional Director, Mid-Pacific Region, Bureau of Reclamation; MICHAEL R. FINNEGAN, Area Manager, Central California Area Office, Bureau of Reclamation; and PEDRO “PETE” LUCERO, Park Manager, Lake Berryessa Field Office, Bureau of Reclamation.
 
VII. 7.Since September 1, 2000, plaintiffs have been long-term permittees under permits, issued without expiration dates, pursuant to master agreements between defendants, and County of Napa and concessionaires to use facilities at the Lake Berryessa Recreation Area located on the Federal estate at Pleasure Cove Marina.  As licensed permittees, plaintiffs, at substantial cost and expense, purchased and moved private mobile homes, boats, docks and other personal property to assigned sites located on the Federal estate at Pleasure Cove Marina.

VIII.8. Defendants, among other things, are responsible for the management of  the Lake Berryessa Recreation Area and concession operations at the seven resorts located on the Federal estate, including Pleasure Cove Marina.

IX. 9. Defendants are required to comply with the currently effective guiding recreation management plan (Reservoir Area Management Plan or “RAMP”) for the Lake Berryessa Recreation Area, adopted pursuant to applicable legal guidelines and requirements.  The RAMP acknowledges long-term mobile home parks, which were first approved and issued planning and building permits as early as 1957 by the County of Napa, on the Federal estate located at the Lake Berryessa Recreation Area, including private mobile homes at Pleasure Cove Marina.

X.10.  On or about March 28, 2005, when announcing the termination of the then interim concessionaire, defendants for the first time formally informed the public of its intention to require  any new concessionaire to permanently terminate private long-term permittees’ mobile homes and boat docks located on the Federal estate at Pleasure Cove Marina on November 1, 2005.

XI. 11.  On or about September 7, 2005, defendants formally advised all permittees with mobile homes and/or personal property located on the Federal estate at Pleasure Cove Marina of a requirement to enter into a new site rental agreement with the new interim concessionaire and pay any outstanding rent by September 19, 2005.  The new concessionaire’s site rental agreement contains provisions requiring permittees to acknowledge and accept the unlawful termination of private mobile homes and boat docks on November 1, 2005.  Defendants’ notice included a statement that permittees’ refusal or failure to enter into a new site agreement can result in the denial of access to the Federal estate located at Pleasure Cove Marina.
 
XII. 12.  Notwithstanding plaintiffs’ request that defendants reconsider and rescind it unilateral order to deny access and demand the permanent removal of  privately owned mobile homes and boat docks from the Federal estate located at Pleasure Cove Marina, defendants continue to threaten to enforce its order against plaintiffs.

XIII. 13.  Defendants’ promulgation and threatened enforcement of the unilateral order is illegal, null and void for the reason that such action violates the currently effective guiding recreation management plan (RAMP) for the Federal estate located at the Lake Berryessa Recreation Area, including Pleasure Cove Marina.
 
XIV. 14.  Plaintiffs have exhausted its administrative remedies.

XV. 15.  Defendants’ promulgation and threatened enforcement of the unilateral order have caused and will cause plaintiffs unusual hardship and irreparable injury, in that plaintiffs will be denied access to and use of private residential housing and personal property and will be required to demolish and remove private housing units, at substantial economic expense, that were not designed to facilitate relocation from its current rural land location on the Federal estate at Pleasure Cove Marina.

XVI. 16.  Plaintiffs have no adequate remedy at law.

XVII. 17.  In view of defendants’ actual and threatened enforcement of the unilateral order and plaintiffs’ contention that the promulgation of the order and its enforcement is illegal, null and void, there is an actual controversy within the jurisdiction of the Court.  Declaratory and injunctive relief will effectively adjudicate the rights of the parties.

WHEREFORE, plaintiffs pray:

1.  That defendants’ unilateral order denying immediate access and demanding the permanent removal of  private mobile homes, boat docks and personal property owned by long-term permittees from the Federal estate located at Pleasure Cove Marina be declared illegal, null and void, of no effect, and unauthorized by law.

2.  That the Court restrain defendants, their officials, employees, and agents from the enforcement of the unilateral order.

3.  That pending the final hearing and determination of the Court of this matter, a preliminary injunction be issued restraining defendants, their officials, employees, and agents from the enforcement of the unilateral order.
 
4.  That the Court issue such other and further relief as it may deem necessary and proper.

Dated: September 16, 2005.

Respectfully submitted, FRANK A. IWAMA

Attorney for Plaintiffs OSCAR BRAUN and ANDREA BRAUN       
       
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MOTION FOR PRELIMINARY INJUNCTION

Plaintiffs OSCAR BRAUN and ANDREA BRAUN  move the Court for a preliminary injunction in the above-entitled cause enjoining the defendants GALE NORTON, in her official capacity as the SECRETARY OF U.S. DEPARTMENT OF THE INTERIOR, JOHN W. KEYS, in his official capacity as the COMMISSIONER OF THE BUREAU OF RECLAMATION, KIRK C. ROGERS, in his official capacity as the REGIONAL DIRECTOR OF THE BUREAU OF RECLAMATION, MICHAEL R. FINNEGAN, in his official capacity as the AREA MANAGER OF THE BUREAU OF RECLAMATION and PEDRO “PETE” LUCERO, in his official capacity as the PARK MANAGER OF THE BUREAU OF RECLAMATION, their agents, servants, employees and attorneys, and those persons in active concert or participation with them from the enforcement of defendants’ unilateral order denying access and demanding the permanent removal of private mobile homes, boat docks and personal property owned by plaintiffs as long-term permittees from the Federal estate located at the Lake Berryessa Recreation Area, Pleasure Cove Marina, Napa County, California.
 
The grounds in support of this motion are as follows: Defendants’ promulgation of the unilateral order and its enforcement is illegal, null and void because such action violates the currently effective guiding recreation management  plan known as the Lake Berryessa Recreation Area Management Plan (“RAMP”) adopted pursuant to applicable legal guidelines and requirements for the Federal estate located at the Lake Berryessa Recreation Area.  The RAMP acknowledges long-term mobile home parks, which were first approved and issued planning and building permits as early as 1957 by the County of Napa, at the seven resorts located on the Federal estate at Lake Berryessa Recreation Area, including Pleasure Cove Marina.
   
Unless restrained, defendants will immediately take enforcement action to deny plaintiffs’ access and order the permanent removal of private mobile homes, boat docks and personal property owned by plaintiffs as long-term permittees from the Federal estate located at Pleasure Cove Marina.

Immediate and irreparable injury, loss, and damages will result to the plaintiffs directly by reason of the threatened action of the defendants, as more particularly appears in the complaint filed in this action and the attached declaration of plaintiff Oscar A. Braun.  The plaintiffs have no adequate remedy at law.

If this preliminary injunction is granted, the injury, if any, to defendants, if final judgment is in its favor, will be inconsiderable and will be adequately indemnified, if required, by bond.

Dated: September 16, 2005.
    
FRANK A. IWAMA,

Attorney for Plaintiffs OSCAR BRAUN and ANDREA BRAUN
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DECLARATION OF OSCAR A. BRAUN IN SUPPORT OF COMPLAINT FOR DECLRATORY AND INJUNCTIVE RELIEF

I have personal knowledge of the following facts and if called to testify to these facts I could and would competently do so.

1. I am a resident of Half Moon Bay, San Mateo County, California.

2. I am married to Andrea Braun, a resident of Half Moon Bay, San Mateo County, California.

3. In May 1993, the U.S. Department of the Interior, Bureau of Reclamation issued its Record of Decision adopting the 1992 Reservoir Area Management Plan (“RAMP”), the currently effective guiding recreation management plan for the Federal estate located at Lake Berryessa Recreation Area, Napa County, California.

4. The Bureau of Reclamation’s 1992 RAMP recognizes and provides for the inclusion of private long-term mobile home sites and personal property owned by permittees at mobile home parks at all seven resorts located on the Federal estate at Lake Berryessa Recreation Area.  The cornerstone of the RAMP acknowledges long-term mobile home parks approved and issued permits by the County of Napa planning and building departments since the creation of Lake Berryessa almost a half century ago.
     
5. Since September 1, 2000, my wife and I have been permittees under permits issued, without an expiration date, pursuant to master agreements between the U.S. Department of the Interior, Bureau of Reclamation and the County of Napa and concessionaires to use facilities at the Federal estate at Lake Berryessa Recreation Area, Pleasure Cove Resort/Marina (“Pleasure Cove Marina”).

6. As licensed permittees, my wife and I, at substantial cost and expense, purchased and moved private mobile homes, boats, docks and other personal property to assigned sites located on the Federal estate at Pleasure Cove Marina.

7. My wife and I received a copy of a  letter, dated March 28, 2005, addressed to the then concessionaire at Pleasure Cove Resort (Pleasure Cove Resort Asset Management Group, LLC) announcing the Bureau of Reclamation’s action terminating the concessionaire’s interim concession contract, closing the resort to all recreational purposes, and the intent to pursue a new concessionaire.  For the first time, the Bureau of Reclamation formally announced that any new concessionaire would be required to terminate private long-term permittees’ mobile homes and boat docks on November 1, 2005.
 
8. My wife and I received a letter, dated September 7, 2005, from the Bureau of Reclamation advising, “that all permittees with trailers and/or personal property on the federal estate (Pleasure Cove Marina) are required to enter into rental agreement with PCM  [the new concessionaire (Forever Resorts, Inc. DBA Pleasure Cove Marina, LLC)] and pay any outstanding rent by September 19, 2005.”  The new concessionaire’s site rental agreement contains provisions requiring permittees to acknowledge and accept the termination of private mobile homes and boat docks on November 1, 2005.  The Bureau of Reclamation’s letter states that a permittee’s refusal or failure to enter into a new rental agreement can result in the denial of access to the Federal estate.

9. My wife and I, as permittees, are ready, willing and able to continue performing each and every condition required under the permit to use facilities and maintain private mobile homes, boats, docks and personal property at Pleasure Cove Marina except for the Bureau of Reclamation’s requirement to sign the site rental agreement, which forces us to acknowledge and waive forever our property rights as mobile home owners on November 1, 2005, in violation of  property rights granted in the Lake Berryessa Reservoir Area Management Plan (RAMP).  My wife and I stand ready, willing and able to sign a site rental agreement that does not requires us to voluntarily give up property rights at Pleasure Cove Marina on November 1, 2005.
 
10. I have made numerous efforts, without success, in communicating with the Bureau of Reclamation to reconsider its unilateral mandate ordering the permanent removal of personal property, including mobile homes, owned by private permittees at Pleasure Cove Marina on November 1, 2005.  The Bureau of Reclamation rejected my attorney’s effort in requesting permittees access to Pleasure Cove Marina during good faith negotiations to resolve site rental agreement issues.
 
11. My wife and I will suffer immediate and irreparable harm as a direct result of the Bureau of Reclamation’s unilateral actions in denying access and ordering the permanent removal of private mobile homes, boats, docks and personal property owned by permittees at Pleasure Cove Marina.  Besides being denied immediate access to and prohibited from using personal residential housing, my wife and I will suffer substantial personal and economic hardships, estimated in the amount of several hundred thousands of dollars, in having to demolish and remove housing units that were not designed to facilitate relocation from its current remote rural land location.
  
12. Pleasure Cove Marina is the only resort out of a total of seven lake-wide resorts at the Lake Berryessa Recreation Area where the Bureau of Reclamation has mandated the permanent removal of personal property, including mobile homes, owned by private permittees on November 1, 2005. 

13. When the Bureau of Reclamation was asked for an explanation of the unilateral action at Pleasure Cove Marina, it responded: “The Bureau has broad authority to administer the Lake Berryessa Federal Recreation Area for recreation purposes in accordance with public law.”  Other than the foregoing, I was not provided any legal basis or authority to substantiate the Bureau of Reclamation’s action in taking the property rights of permittees at Pleasure Cove Marina.  No hardships or governmental purpose were cited for the mandated unilateral action.
     
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on September 16, 2005 in Half Moon Bay, California.
                                                                                  
       
OSCAR A. BRAUN