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1 OCAHO 50 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER United States of America Complainant v* Robert Griffin d/b/a Griff s Landscape Respondent 8 U*S*C. 1324a Proceeding Case No* 89100030. DECISION AND ORDER GRANTING COMPLAINANT S MOTION FOR SUMMARY DECISION Procedural History and Statement of Relevant Facts On December 30 1988 the United States of America served a Notice of Intent to Fine on Robert Griffin...

Grief's Landscape (“Grief”), for willfully failing to maintain a permit required to operate a marijuana grow operation at the time the marijuana was planted in Grief's field on March 21, 1995. Grief maintained that the marijuana should not be a basis for the fine. On April 11, 1999, the United States granted Grief's final offer of settlement and ordered that the fine be paid without any hearing taking place because there is no evidence of a violation at this point of law. Upon receiving Grief's payment, the United States of America, filed a Response to Complaint and a Motion to Compel. On June 18, 1999, the United States argued in Response No. 1 that Grief had violated the Endangered Species Act (“ESA”) by using, in violation of the ESA, the plants in violation of the Endangered Species Act. The United States further argued that the ESA, even with its specific exceptions for “research, practice, or teaching, in the commercial area of such wildlife,” is not violated when used to prohibit or regulate the growing of marijuana plants. On September 10, 1999, Grief filed a Motion to Strike. On September 20, 1999, Grief filed a Consolidated Response that included no responsive pleading. The United States responded by filing a Motion to Continue. Grief filed a Motion for Summary Judgment on January 8, 2000. On February 16, 2000, the United States filed a Motion to Continue. On March 10, 2000, the United States filed its motion for summary judgment and an answer. Grief filed a response and moved a stipulation to the facts. On June 17, 2000, Grief's Motion for Summary Judgment was granted. On February 24, 2001, the United States amended the motion in the stipulation to the facts. On August 11, 2001, the United States filed a summary judgment motion in accordance with Federal Rule of Civil Procedure 52(a). On September 7, 2001, the United States filed a Motion to Continue. On October 3, 2001, the United States moved to dismiss Grief's first amended complaint, and on November 9, 2001, moved for a temporary restraining order. On November 14, 2001, the District Judge entered the temporary restraining order for a stay on all fines imposed in February. On January 6, 2002, the District Judge vacated the temporary restraining order, and dismissed Grief's complaint without prejudice. On April 22, 2002, the District Court entered a judgment in favor of the United States and dismissed Grief's motion for relief.

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