Sunrise Valley, LLC v. Norton, 06-4188
In a quiet title action brought under the federal Quiet Title Act, summary judgment for defendants is affirmed where: 1) sand, gravel, and rock are minerals in which the government has an express reservation on land patents issued under the the Stock-Raising Homestead Act; and 2) the court is bound to apply the precedent in Watt v. Western Nuclear, Inc. 462 U.S. 36 (1983) since the case is governed by the Stock-Raising Homestead Act.
- Decided 05/20/2008
- Published 05/20/2008
HENRY, Chief Judge., Before HENRY, Chief Judge, BRISCOE, and HOLMES, Circuit Judges.
United States Tenth Circuit
Blake S. Atkin (with William O. Kimball, Brennan S. Moss on the briefs), Salt Lake City, Utah, for Plaintiffs-Appellants.
Andrea L. Berlowe, U.S. Department of Justice (with Sue Ellen Wooldridge, Assistant Attorney General, William Lazarus, Elizabeth A. Peterson, U.S. Department of Justice), Washington, D.C., for Defendants-Appellees.