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Eco-Tyranny in California: Land Seized and Owner Arrested Amid Delta Smelt Scandal

Jan 23, 2025

The dramatic auction of Point Buckler Island, located in the Delta-Bay, has ignited a fierce debate over environmental integrity, property rights, and governmental authority. John D. Sweeney, the former owner, was arrested minutes after the island sold for $3.8 million, raising serious questions about the legality and fairness of the proceedings.

This story matters because it highlights potential corruption, the clash between state and federal environmental policies, and the ongoing struggle to balance human needs with ecological preservation.

A Decade-Long Battle Ends in Controversy

Point Buckler Island, a 50-acre marshland in Suisun Marsh, San Francisco Bay, has been the center of a decade-long legal and environmental dispute. Purchased by John Sweeney in 2011 for $150,000, the island was transformed into an exclusive kiteboarding club for Silicon Valley elites.

However, unauthorized construction and water diversions led to hefty fines from the California Regional Water Quality Control Board (Water Board), the Bay Conservation and Development Commission (BCDC), and the Environmental Protection Agency (EPA).

For a comprehensive overview of the fraudulent restoration efforts that set the stage for this conflict, refer to our first article in this series: Fake Restorations Killed California's Delta Smelt.

The Flawed Auction: Five Critical Errors

The January 2025 auction, held on the steps of the Solano County Courthouse in Fairfield, resulted in the sale of Point Buckler Island to the John Muir Land Trust (JMLT) for $3.8 million. Sweeney contends that the auction was marred by significant procedural errors, rendering the sale invalid:

1. Lack of Proof of Personal Service
   • Issue: No evidence was provided that auction notices were personally served to Sweeney or his associate, Jennifer Frost.
   • Impact: Without proper notice, Sweeney was deprived of the opportunity to contest the sale or prepare a defense, violating due process rights.
2. Violation of Levy Timing Requirements
   • Issue: The writ to sell was issued in November 2023, allowing a 180-day period for the sale. However, the auction occurred in December 2024, exceeding the legal timeframe.
   • Impact: This breach of the mandated waiting period questions the legitimacy of the writ and the timing of the auction.
3. Failure to Conduct a Fair Market Value Appraisal
   • Issue: The state bypassed a fair market appraisal and excluded other bidders, favoring JMLT.
   • Impact: This exclusion suggests favoritism and undermines the auction's integrity, effectively stealing public property.
4. Unlawful Assignment and Sale Procedures
   • Issue: Eileen White of the Water Board secretly sold the $3.8 million judgment to JMLT without proper court oversight.
   • Impact: The lack of transparency and proper procedure invalidates the sale, as JMLT did not follow required legal steps for a levy sale.
5. Improper Auction Terms Announcement
   • Issue: Terms were disclosed only seven days before the auction, imposing a one-year redemption period conflicting with the judgment assignment.
   • Impact: Late disclosure of terms and conflicting conditions render the auction unlawful and further support claims of procedural misconduct.

John Sweeney's Stand: Accusations of Fraud and Overreach

Sweeney vehemently disputes the legitimacy of the writ and the auction process. "Levy Writs must be sold 180 days after signing by the judge/sheriff. John Muir did not pay $3.8 million; they gave it to John Muir Land Trust. That's the story." he asserted. He further contends, "Judgment was not Water Board's after Nov 25. They sold it so the Water Board can't force a sheriff sale. John Muir needed a court-ordered new levy sale run by them, not Eileen White."

Sweeney accuses Eileen White, the executive officer for the Water Board, of defrauding the public by mismanaging funds and orchestrating a biased sale process. He claims that White has wasted $25 million in Attorney General legal fees to cover up her actions and has banned him and his company from hiring lawyers or public defenders since 2022, effectively silencing his defense.

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