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101 RANCH v. U.S.

No. 89-5176.

905 F.2d 180 (1990)

101 RANCH, a North Dakota Partnership, consisting of Steve Ward, Imogene Christensen and Claire Engelhardt, Appellants, Carlyle Brey, Arnold Yri and Vernyll Yri, Ruby Martinson, Miles Maddock and Dorothea Maddock, Olfa Solheim and Mabel Solheim, Minnie Johnson, and Frances P. Schneider and Gloria Schneider, Gail Anderson, Gerald Tofsrud, Mabel Martinson, Helen Martinson, Astrid Martinson, Hulda Martinson and Lutheran Bible Institute of Seattle, v. UNITED STATES of America, Appellee, and State of North Dakota and Board of Directors, Garrison Conservancy District, Intervenor-Defendant Below.

United States Court of Appeals, Eighth Circuit.

Decided May 30, 1990.

Attorney(s) appearing for the Case

Frank T. Knox, Fargo, N.D., for appellants.

Murray G. Sagsveen, Bismarck, N.D., for appellee.

Before MCMILLIAN and BEAM Circuit Judges, and LARSON, Senior District Judge.

LARSON, Senior District Judge.

Plaintiff 101 Ranch, a North Dakota partnership, appeals from a judgment in favor of the United States in a quiet title action brought by plaintiff pursuant to 28 U.S.C. § 2409a. Plaintiff owns land adjacent to the West Bay of Devils Lake, a navigable body of water located in northeastern North Dakota. As an incident of statehood in 1889, North Dakota acquired title to the bed of Devils Lake, which it conveyed to the United States...

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