FOOD & BEVERAGES CASES
U.S. 10th Circuit, May 20, 2008
Sunrise Valley, LLC v. Norton, No. 06-4188
In a quiet title action brought under the federal Quiet Title Act, summary judgment for defendants is affirmed where: 1) sand, gravel, and rock are minerals in which the government has an express reservation on land patents issued under the the Stock-Raising Homestead Act; and 2) the court is bound to apply the precedent in Watt v. Western Nuclear, Inc. 462 U.S. 36 (1983) since the case is governed by the Stock-Raising Homestead Act.
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U.S. 9th Circuit, May 20, 2008
US v. Carpenter, No. 06-15596
In a second appeal in a dispute over the status of a road on U.S. Forest Service land in a Nevada county, denial of intervention to environmental groups, approval of a settlement of a Quiet Title Act claim, and dismissal of intervenors' cross-claims are vacated in part, reversed in part, and remanded where: 1) the district court must permit intervenors to participate as parties in advocating their position in the Quiet Title Act action; 2) thus, vacatur of the settlement was required; and 3) intervenors' cross-claims are reviewable under the APA, as they alleged that the Attorney General circumvented federal law by entering into the settlement agreement.
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