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3) Plaintiff warned Kenneth L Kutz,KENNENTH L KUTZ, in court on May 26.2010,and <br /> informed(on May 25,2010,the BURNETT COUNTY CIRUIT COURT acting(unlawfully)as <br /> Burnett County Circuit Court of the pendancy of this Federal court action and the particulars thereofby <br /> filing a true,correct and complete copy of the Original Complaint and Notifying the COUNTY <br /> COURT of, inter alfa,the loss of their Jurisdiction in this matter and the Federal"Navigable <br /> Waterways Grant" determination that is EXCLUSIVELY the providence of the Federal Courts. <br /> (Tresevant)as well as the TRESPASS (constitutional tort)nature of the offence by Defendants against <br /> this plaintiff's private property rights in denial of the"use of the property by the grantee"(Johnson v <br /> Drew, 171 U.S. 93,99 (1898)and interpretation thereof is determined by federal law(see:Shively v <br /> Bowlby)"no more can private property be so taken away by judicial decision and handed over,gratis, <br /> to the state,"the touchstone of due process is the protection of the individual against the arbitrary <br /> action of the government."Hughes v Washington,398 U.S. 290,298 (1967).Shively v Bowlby, 152 <br /> U.S. 1,9-1:Borax,Ltd v Los Angeles,296 U.S.22; United States v O'Donnall, 303 U.S.509.). <br /> 4) Plaintiff witness the above mentioned Defendants act,pursue, obfuscate,harass,collude, <br /> conspire and otherwise attempt to intimidate this plaintiff into submitting to the relinquishment of this <br /> plaintiffsrip vate property rights and this plaintiffs right to pursue recourse in federal court. <br /> 5) Defendants have shown and in the instant circumstances do show the necessity of this court's <br /> issuance of IMMEDIATE Preliminary and Permanent injunctive relief so sought in the Original <br /> Complaint. <br /> 6) For the above reasons,the court is motioned and the court should grant IMMEDIATE <br /> TREMPORARY INJUCTIVE RELEIF which,without good cause provided by the DEFENDANTS, <br /> should be made permanent. <br /> 7) An affidavit of truth is attached in support of this motion. <br />