Seattle Attorney Washington


April 14, 2004


Contact:
Mike E. Withey
206-448-1777


Lummi Settlement Joint Statement


JOINT STATEMENT
 
The Lummi Nation, and an engineering firm have authorized their representatives to make the following joint statement about the settlement they have reached to resolve litigation concerning the events that occurred in 1999 at the place known as Semiahmah on Semiahmoo Spit, City of Blain, in the State of Washington.
 
Tsi-litch” (Semiahmah Spit) has been inhabited for thousands of years by the ancestors of the present day Lummi and the Lummi Nation accepts a special responsibility to those who lived, worked and died there. Construction activities done for the City of Blaine that took place in 1999 at Semiahmoo Spit disturbed ancestral burials and the Lummi Nation has undertaken steps to recover and re-bury the remains that were disturbed during construction.

Litigation of claims for damages in these circumstances is costly and uncertain and rarely is capable of full compensation for injuries like those suffered here. The Lummi Nation and the engineering firm have reached a financial settlement of the claims arising from these events. Although none of the parties admit legal liability for the events that occurred, all parties regret what happened during construction.
 
The Lummi Indian Business Council in August of 1999 passed a resolution committing the tribe and its people to achieve the goals of:
 
1.Recovering and reburying the ancestral remains that were disturbed;

2.Protecting the Semiahmah ancestral burial site from any further disturbances;

3.Holding responsible all of those parties that were involved in this disturbance; and

4.Making sure that Indian burial sites are protected from disturbance so that an event like this would never happen again.
 
With this settlement the Lummi Nation is well on its way to accomplishing all of its goals. The recovery and reburial process goes forward. The Lummi people look forward to the day when all of the ancestral remains are respectfully reburied.

The Lummi Nation  v. Engineering Firm.
$4.25 million settlement in U.S. District Court (Seattle)
for burial site recovery and protection
 
Plaintiffs’ co-counsel: Michael E. Withey, Paul L. Stritmatter and Brad J. Moore
of Stritmatter Kessler Whelan Withey Coluccio


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