BOONE v. U.S.

No. 90-15661.

944 F.2d 1489 (1991)

John H. BOONE, Esq., Trustee of the Maud Van Cortland Hill Schroll Trust, Plaintiff-Appellee, v. UNITED STATES of America, and Department of the Army; United States Corps of Engineers; John O. Marsh, Jr., Sec. of Army, Lieutenant General Henry J. Hatch, Brigadier General Arthur E. Williams, and Colonel F.W. Wanner, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1991.


Attorney(s) appearing for the Case

Apphia T. Schley, Dept. of Justice, Washington, D.C., for defendants-appellants.

Diane D. Hastert, Damon, Key, Bocken, Leong, Kupchak, Honolulu, Hawaii, for plaintiff-appellee.

Before CHAMBERS, BRUNETTI and RYMER, Circuit Judges.


BRUNETTI, Circuit Judge:

Appellee John Boone, as trustee for the Maud Van Cortland Hill Schroll Trust ("the Trust"), brought an action against the United States to secure the Trust's right to deny public access to Puko'o Lagoon on the Island of Molokai, Hawaii. In a counter-suit, the United States sought a declaration that Puko'o Lagoon is subject to the federal navigational servitude. The district court found in favor of the Trust. See Boone v. United States,...

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