SOUTH FORK BAND - The Te-Moak Court ordered that Myron Tybo must remove his horses from the South Fork Band grazing land in thirty days.
The South Fork Band Council brought a lawsuit against Tybo seeking the removal of his horses from the grazing area and for payment of his outstanding grazing fees.
During Friday's hearing, Tybo testified that he did not have a permit to graze his 100 to 150 horses on the South Fork grazing area, and he could not get a permit despite applying for one. According to the Tribe's Constitution, the band council issues grazing permits within the band area.
Judge Bill Kockenmeister found that it was clear that the band council issues grazing permit and Tybo did not have a permit. He told the band council that he would issue an order that Tybo remove his horses within thirty days.
But in still seeking a compromise in the case, Kockenmeister wants the band council to meet with Tybo to find if there is any way he could receive a permit for his horses. Chairman Sim Malotte had testified that all grazing permits for this year had already been issued.
The court reserved ruling on the payment of grazing fees. Tybo argued that the fees the band council has been issuing each year was in contrary to the Constitution. Kockenmeister read from the Constitution and said that it looked like only the Tribal Council could levy fees, not the band council. The court gave each party time to submit arguments for a later ruling, as to the question of who can issue grazing fees.