A Superior Court judge in Vista denied a couple's request for a preliminary injunction against the Rincon Band of Mission Indians, which has been blocking the entrance to the property where they live.

The Rincon Band of Mission Indians placed three concrete barricades nearly a month ago at the entrance to a neighboring property in an effort to get the owner to comply with the Valley Center tribe's environmental regulations.

The 5-acre property, located directly across the road from the tribe's casino and resort, has housed a vehicle storage facility, trucking business and numerous recreational vehicles. Rincon officials have said the property was a health and environmental hazard and ordered it to be cleaned up.

But the land that once was part of the reservation is now privately held by Marvin Donius, who says the property is not subject to the tribe's jurisdiction or laws.
The couple, Steve and Suzanne Rogers-Dial, rent a home on the property from the owner and are refusing to leave out of solidarity with Donius.

On Wednesday, Judge Robert Dahlquist said the court lacks jurisdiction in the matter.
On Oct. 20, 2009, Donius filed a lawsuit in federal court against tribal officials, saying that tribal rules do not apply on his property because it is private land. Judge William Hayes dismissed that case last in September saying that Donius first had to follow through with the tribal court process.

Under a tribal court order, the tribe will only allow material to be removed from the property.
---- North County Times