Hazel Green Ranch, LLC v. United States Department of Interior, 072712 FED9, 10-16519

Docket Nº:10-16519
Party Name:HAZEL GREEN RANCH, LLC, a Delaware limited liability company, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF THE INTERIOR; KENNETH LEE SALAZAR, in his capacity as Secretary of the United States Department of the Interior; NATIONAL PARK SERVICE; DANIEL N. WENK, in his capacity as Acting Director, National Park Service; and MARIPOSA COUNTY, Plai
Judge Panel:Before: REINHARDT, NOONAN, and MURGUIA, Circuit Judges. MURGUIA, Circuit Judge concurring in the Judgment.
Case Date:July 27, 2012
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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HAZEL GREEN RANCH, LLC, a Delaware limited liability company, Plaintiff-Appellant,

and

MARIPOSA COUNTY, Plaintiff,

v.

UNITED STATES DEPARTMENT OF THE INTERIOR; KENNETH LEE SALAZAR, in his capacity as Secretary of the United States Department of the Interior; NATIONAL PARK SERVICE; DANIEL N. WENK, in his capacity as Acting Director, National Park Service;

DAVID V. UBERUAGA, in his capacity as Acting Superintendent, Yosemite National Park; UNITED STATES DEPARTMENT OF AGRICULTURE; TOM VILSACK, in his capacity as Secretary of the United States Department of Agriculture; NATIONAL FOREST SERVICE; GAIL KIMBALL, in her capacity as Chief, United States Department of Agriculture, National Forest Service; UNITED STATES OF AMERICA, Defendants-Appellees,

SIERRA CLUB; NATURAL RESOURCES DEFENSE COUNCIL; WILDERNESS SOCIETY, Intervenor-Defendants -Appellees.

No. 10-16519

United States Court of Appeals, Ninth Circuit

July 27, 2012

NOT FOR PUBLICATION

Argued and Submitted April 18, 2012 San Francisco, California.

Appeal from the United States District Court No. 1:07-cv-00414-OWW-SMS for the Eastern District of California Oliver W. Wanger, Senior District Judge, Presiding.

Before: REINHARDT, NOONAN, and MURGUIA, Circuit Judges.

MEMORANDUM[*]

Hazel Green Ranch, LLC appeals the district court's dismissal of its claims against the Defendants-Appellees, the United States Department of Interior, et al. ("United States"), pursuant to the Quiet Title Act, 28 U.S.C. § 2409a, seeking to assert its easement rights over alleged county roads leading to the Yosemite Valley floor. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the dismissal de novo, see Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005), and affirm.

Hazel Green Ranch first asserts that it has an easement over the alleged county roads by virtue of its status as an abutting landowner. California recognizes an abutting landowner's easement over a public road as a property right, not merely as a right of access akin to the right of the public. See, e.g., Breidert v. Southern Pac. Co., 394 P.2d 719, 721 (Cal. 1964); People v. Ricciardi, 144 P.2d 799, 803 (Cal. 1944); Zack's, Inc. v. City of Sausalito, 81 Cal.Rptr.3d 797, 818 (Ct. App. 2008). Such an easement is a sufficient interest in property to assert a claim against the United States under the Quiet Title Act. We nevertheless affirm because Hazel Green Ranch can no longer assert that property interest against the United States. In the proceedings below, Mariposa County, which Hazel...

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