United States of America, et al. v. Canyon Country Enterprises, et al.
Published: Aug. 15, 1998 | Result Date: May 15, 1998 | Filing Date: Jan. 1, 1900 |Case number: CV970168DT Bench Decision – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Kerry Shapiro
(Jeffer, Mangels, Butler & Mitchell LLP)
Defendant
Facts
Plaintiff United States of America and plaintiff-in-intervention Transit Mixed Concrete Company sought site access for mining operations under the Stock-Raising Homestead Act, 43 USC º299. Defendants Canyon Country Enterprises dba Curtis Sand and Gravel, and Ben W. Curtis, owners of the surface estate, objected and filed a counterclaim for declaratory relief, injunctive relief, and money damages.
Settlement Discussions
Settlement discussions did not involve any monetary settlement. The plaintiffs demanded site access. Canyon Country asked that Transit Mixed provide Canyon Country with a policy of insurance before conducting tests at the quarry, and that the bond filed pursuant to SRHA, 43 U.S.C. º299, be increased in order to compensate Canyon Country for anticipated damage to its existing aggregate mill. Canyon Country also sought an order preventing Transit Mixed from damaging Canyon Country's mill.
Result
On Oct. 20, 1997, the court granted summary judgment and issued a permanent injunction in favor of plaintiff-in-intervention Transit Mixed Concrete, granting the plaintiffs site access and prohibiting the defendants from interfering with or obstructing the same on the conditions that plaintiff-in-intervention add the defendants as additional named insureds and agree not to dismantle the defendants' existing mill prior to obtaining a surface mining permit. (On Nov. 25, the court made minor modifications to its order granting summary judgment.) On Feb. 18, 1998, the court granted Transit Mixed Concrete's motion for attorney fees against the defendants based on the "bad faith exception" to the American Rule. On April 24, 1998, the court issued an order setting the amount of attorney fees to be paid by defendants to Transit Mixed Concrete at $226,460.51. The attorney fee award is on appeal.
Other Information
Summary judgment was entered approximately nine months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference held on Oct. 17, 1997, before Magistrate Judge Arthur Nakasato did not result in settlement.
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