Mills v. United States, No. 12-35589 (9th Cir. 2014)
Annotate this CasePlaintiff filed suit alleging that he was entitled to use the Fortymile Trail for access to his state mining claims. Plaintiff sought a declaration that he was entitled to a right-of-way to access his state mining claims on the Fortymile Trail both under a federal statute commonly referred to as R.S. 2477 and because he has an easement by implication or necessity, and that the real property interests claimed by the non-federal defendants were subject to this right-of-way. The district court dismissed plaintiff's claims against all defendants and plaintiff appealed. The court concluded that plaintiff's claims against the federal government were barred by sovereign immunity, but that the district court erred in concluding that his claims against Doyon Limited and Hungwitchin Corporation were barred by principles of prudential standing. Accordingly, the court affirmed in part and reversed in part.
Court Description: Right-of-Way / Standing. The panel affirmed in part and reversed in part the district court’s dismissal of plaintiff’s action seeking access to his state mining claims over real property owned by the federal government and third parties. The panel held that plaintiff’s claims against the federal government were barred by sovereign immunity. The panel further held that the district court erred in concluding that plaintiff’s claims against the third parties were barred by principles of prudential standing, and remanded for further proceedings. The panel also held that the district court correctly dismissed plaintiff’s claim that he was entitled to a right-of-way over the property subject to third party Scott Wood’s federal unpatented mining claims under 30 U.S.C. § 41.
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