Interesting developments. Answers from State of Florida
"Admitted that GME discovered the Defendant Site. Although admitted that GME initially was granted an Exploration Permit modified to allow for limited test excavation at the Defendant Site, GME violated the terms of the permit and said permit was revoked by the State of Florida."
"GME’s permit has been revoked and GME cannot lawfully conduct operations at the Defendant Site."
"AFFIRMATIVE DEFENSES
1. This Court lacks subject matter jurisdiction and GME is barred from recovering any of the awards it seeks under the Foreign Sovereign Immunities Act and the Sunken Military Craft Act as the Defendant Vessel represents the wreckage of sovereign military vessels of the Republic of France and apparel, tackle, appurtenances, cargo and remains and personal effects of citizens of France who perished in the service of France.
2. This court lacks subject matter jurisdiction under the Abandoned Shipwreck Act because, if the court denies the claim of the Republic of France, then the site contains an abandoned shipwreck embedded in the sovereign lands of the State of Florida over which there is no Admiralty jurisdiction.
3. Any salvage award or other award in favor of GME is barred by its unlawful conduct, damage to and endangerment of the Site and the Defendant Vessel, failure to comply with appropriate archaeological protocols and State of Florida permit requirements, and other failures to exercise due care.
4. Any salvage or other award in favor of GME is further barred by its unclean hands and misconduct, including misrepresentations, omissions and bad faith conduct prior to and in the conduct of in this case.
5. Any salvage award in favor of GME is barred because both the Republic of France and the State of Florida, the only possible owners of the Defendant Vessel, have rejected any salvage by GME."
The State makes an interesting point, even though one may not know the identity of the shipwreck, the identity of the artefacts are known, and under the Law of Finds, that is what counts.
As this is a response, it is too bad that the other questions and assertions are not available.
"Admitted that GME discovered the Defendant Site. Although admitted that GME initially was granted an Exploration Permit modified to allow for limited test excavation at the Defendant Site, GME violated the terms of the permit and said permit was revoked by the State of Florida."
"GME’s permit has been revoked and GME cannot lawfully conduct operations at the Defendant Site."
"AFFIRMATIVE DEFENSES
1. This Court lacks subject matter jurisdiction and GME is barred from recovering any of the awards it seeks under the Foreign Sovereign Immunities Act and the Sunken Military Craft Act as the Defendant Vessel represents the wreckage of sovereign military vessels of the Republic of France and apparel, tackle, appurtenances, cargo and remains and personal effects of citizens of France who perished in the service of France.
2. This court lacks subject matter jurisdiction under the Abandoned Shipwreck Act because, if the court denies the claim of the Republic of France, then the site contains an abandoned shipwreck embedded in the sovereign lands of the State of Florida over which there is no Admiralty jurisdiction.
3. Any salvage award or other award in favor of GME is barred by its unlawful conduct, damage to and endangerment of the Site and the Defendant Vessel, failure to comply with appropriate archaeological protocols and State of Florida permit requirements, and other failures to exercise due care.
4. Any salvage or other award in favor of GME is further barred by its unclean hands and misconduct, including misrepresentations, omissions and bad faith conduct prior to and in the conduct of in this case.
5. Any salvage award in favor of GME is barred because both the Republic of France and the State of Florida, the only possible owners of the Defendant Vessel, have rejected any salvage by GME."
The State makes an interesting point, even though one may not know the identity of the shipwreck, the identity of the artefacts are known, and under the Law of Finds, that is what counts.
As this is a response, it is too bad that the other questions and assertions are not available.
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