United States Ninth Circuit

Plaintiff's "public" claims are barred because they were resolved by the settlement entered into by the California Department of Fish and Game (DFG). Plaintiff's private easement claims are not barred, as plaintiff was not in privity with the DFG with regards to these claims.

Appellate Information

• Argued 10/08/2003
• Decided 12/24/2003
• Published 12/24/2003

Judges

• MICHAEL DALY HAWKINS, Circuit Judge:, Before: HAWKINS, THOMAS, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John D. Hoffman (argued), Ellman, Burke, Hoffman & Johnson, San Francisco, CA, for the plaintiff-appellant., Stephan C. Volker, Law Offices of Stephan C. Volker, Oakland, CA, for Amici Curiae Sierra Club, Golden Gate Audubon Society and Marin Audubon Society.


• For Appellees:
  
• John R. Reese (argued), Bingham McCutchin, LLP, San Francisco, CA, for the defendants-appellees.