1. Home
  2. Browse Decisions
  3. F.3d
  4. 583 F.3d
  5. 583 F.3d 1174 (2009)
 

U.S. v. MILNER

Nos. 05-35802, 05-36126.

583 F.3d 1174 (2009)

UNITED STATES of America, on its own behalf and as trustee on behalf of the Lummi Nation, Plaintiff-Appellee, v. Keith E. MILNER, Defendant, and Brent C. Nicholson; Mary K. Nicholson, Defendants-Appellants, v. Lummi Nation, Plaintiff-intervener-Appellee. United States of America, on its own behalf and as trustee on behalf of the Lummi Nation, Plaintiff-Appellee, v. Keith E. Milner, Defendant-Appellant, Shirley A. Milner; Mary D. Sharp; Ian C. Bennett; Marcia A. Boyd., Defendants-Appellants, and Brent C. Nicholson; Mary K. Nicholson, Defendants, v. Lummi Nation, Plaintiff-intervener.

United States Court of Appeals, Ninth Circuit.

Submitted October 9, 2009.

Filed October 9, 2009.

Attorney(s) appearing for the Case

Richard M. Stephens, Groen Stephens & Klinge LLP, Bellevue, WA, for the defendants-appellants.

Brian Kipnis, Office of the United States Attorney, Seattle, WA, for the plaintiff-appellee.

Harry L. Johnsen, Raas, Johnsen & Stuen, P.S., Bellingham, WA, for the plaintiff-intervenor-appellee.

Edgar B. Washburn, Morrison & Foerster LLP, San Francisco, CA, for Amicus Building Industry Legal Defense Foundation.

John Briscoe, Briscoe Ivester & Bazel LLP, San Francisco, CA, for Amicus Bay Planning Coalition.

Before B. FLETCHER, RICHARD A. PAEZ and RICHARD C. TALLMAN, Circuit Judges.

Betty B. FLETCHER, Circuit Judge:

In this appeal we decide whether a group of waterfront homeowners are liable for common law trespass and violations of the Rivers and Harbors Appropriation Act of 1899(RHA), 33 U.S.C. § 403, and the Clean Water Act (CWA), 33 U.S.C. § 1311, because the ambulatory tideland property boundary has come to intersect shore defense structures the homeowners have erected. In a series of summary judgment rulings and after a bench...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases