United States Ninth Circuit

Dismissal of plaintiff claim holder's action to quiet fee-simple title to the Oro Grande mining claim and its improvements is affirmed, where: 1) the Quiet Title Act was the exclusive means for plaintiff to bring suit, and therefore the district court properly dismissed the Administrative Procedure Act and Declaratory Judgment Act claims; and 2) on the Quiet Title Act claims, plaintiff did not have a "valid existing right" to a fee-simple patent when he filed his patent application, and plaintiff failed to plead with particularity the circumstances under which title to the improvements was acquired.

Appellate Information

• Decided 09/24/2013
• Published 09/24/2013

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel