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Subj:    Court Hearing/Black Creek
Date:   08/05/2001 9:27:20 PM Eastern Daylight Time
From:   [EMAIL PROTECTED] (Jessica Paladini)
Reply-to:   [EMAIL PROTECTED]

Hello everyone. This is just a quick update to let you know what is
happening.

The first event to report is that Cultural Resource Consulting Group, to
whom many of you wrote letters, backed out of the proposal to dig up the
Black Creek site. CRCG was proposing to dig 595 holes in an attempt to
determine the site's significance. The firm informed the township on
July 23 that it would not proceed with the study. The owner of the firm
said that he changed his mind about the proposal after learning the site
was eligible for the National Register. Such a study in those
circumstances "no longer seemed appropriate," he said. We are grateful
for his decision and grateful for all the people who wrote to him asking
him to reconsider the invasive project.

Just when we thought things might be looking good, the township took
even worse action on the Black Creek Site. On July 26, it approved a
contract by geologist Philip LaPorta to dig 20-foot wide test holes with
a backhoe. After LaPorta received letters from many people I heard from
him, and he told me the holes that he would be digging would be about
2-3 feet wide. Archaeological studies call for hand digging and sifting
of the soil with a trowel and mesh screen. Mr. LaPorta will be using a
backhoe, which could mean the potential destruction of anything that is
unearthed!

On Friday, August 3, there was a court hearing on the Black Creek site.
It was a telephone conference with the judge. The basis of the hearing
was a motion filed by the Township of Vernon seeking approval of
LaPorta's backhoe geological study. Naturally, the motion was opposed.
The Lenape and Rick Patterson (the plaintiffs) presented expert
testimony from six professional archaeologists who are respected in
their field, who testified that such studies should be done by competent
archaeologists and without the use of a backhoe. The judge did not make
a decision on Friday. He said he will render his ruling tomorrow, Monday
August 6. We will keep you posted. 

Jessica Paladini

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