Hart v. United States

ORDER

FOLSOM, District Judge.

CAME- ON TO BE HEARD THIS DAY Defendant’s Motion for Summary Judgment. This Court after reviewing the motion, response, supporting affidavits, and pleadings on file, finds that the motion is well taken.

I. BACKGROUND

This is a declaratory judgment action in which T. Alan Hart, Plaintiff requests the Court to construe the legal effect of a flow-age easement granted to the United States of America, Defendant. Plaintiff seeks a declaration allowing him to construct a structure for human habitation above elevation 179 feet means sea level (“m.s.l.”) without interfering…