U.S. v. 0.95 ACRES OF LAND

Nos. CR-90-3034-AAM and CR-90-3035-AAM.

765 F.Supp. 1045 (1991)

UNITED STATES of America, Plaintiff, v. 0.95 ACRES OF LAND, MORE OR LESS, IN YAKIMA COUNTY, WASHINGTON, Mark Herke, Mary A. Bailey, Carl J. Herke, John Herke, Yakima County, Washington, a Municipal Corporation, and Unknown Owners, Defendants. UNITED STATES of America, Plaintiff, v. 12.84 ACRES OF LAND, MORE OR LESS, IN YAKIMA COUNTY, WASHINGTON, Mark Herke, Mary A. Bailey, Carl J. Herke, John Herke, Yakima County, Washington, a Municipal Corporation, and Unknown Owners, Defendants.

United States District Court, E.D. Washington.

May 28, 1991.


Attorney(s) appearing for the Case

John E. Lamp, U.S. Atty., Thomas O. Rice, Asst. U.S. Atty., Spokane, Wash., for plaintiff.

Constance E. Brooks, Davis, Wright, Tremaine, Portland, Or., for defendants.


ORDER

McDONALD, District Judge.

The United States moves for reconsideration of this court's order denying its motions for summary judgment, vacating the declarations of taking and orders of possession, and remanding this case to the Forest Service for preparation of an environmental assessment. Specifically, the United States now argues: (1) this court cannot vacate the declarations of taking and orders of possession...

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