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LACANO INVESTMENTS, LLC v. BALASH

No. 13-35854.

765 F.3d 1068 (2014)

LACANO INVESTMENTS, LLC, Nowell Avenue Development, and Ava L. Eads, on behalf of themselves and the class they seek to represent, Plaintiffs-Appellants, v. Joe BALASH, Commissioner, Alaska Department of Natural Resources, in his official capacity, Brent Goodrum, Director, Division of Minding Land & Water, Alaska Department of Natural Resources, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2014.

Attorney(s) appearing for the Case

Gina Marie Cannan (argued), Steven J. Lechner , Mountain States Legal Foundation, Lakewood, CO; Eric Twelker , Juneau, AK, for Plaintiffs-Appellants.

Jessica Moats Alloway (argued), Assistant Attorney General, State of Alaska Department of Law, Anchorage, AK; Vanessa Maria Lamantia , Assistant Attorney General, State of Alaska Department of Law, Juneau, AK, for Defendants-Appellees.

Before: J. CLIFFORD WALLACE, KIM McLANE WARDLAW, and MORGAN CHRISTEN, Circuit Judges.

OPINION

WALLACE, Circuit Judge:

Plaintiffs-Appellants Lacano Investments, LLC, Nowell Avenue Development, and Ava L. Eads, allege that they hold land patents that were issued by the federal government many years before Alaska entered the Union. The patents give title to certain streambeds in Alaska. In 2010 and 2011, the Alaska Department of Natural Resources determined that the waterways above these streambeds were navigable in 1959, the year Alaska was...

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