Legal Opinion

Lacano Investments, LLC v. Joe Balash

Court of Appeals for the Ninth Circuit

Decided August 28, 2014No. 13-35854PublishedCited by 38 opinions

1Opinion of the Court

OPINION

WALLACE, Circuit Judge:

Plaintiffs-Appellants Lacano Investments, LLC, Nowell Avenue Development, and Ava L. Eads, allege that they hold land patents that were issued by the federal government many years before Alaska entered the Union. The patents give title to certain streambeds in Alaska. In 2010 and 2011, the Alaska Department of Natural Resources determined that the waterways above these streambeds were navigable in 1959, the year Alaska was admitted to the Union, and remain navigable. Under the Submerged Lands Act of 1953, all land beneath such waterways belongs to the State of…

2Cases cited15 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Hans v. LouisianaSupreme Court of the United States · 1890
  3. Safe Air for Everyone v. MeyerCourt of Appeals for the Ninth Circuit · 2004
  4. Verizon Maryland Inc. v. Public Service Commission of MarylandSupreme Court of the United States · 2002
  5. Agostini v. FeltonSupreme Court of the United States · 1997

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3Cited by38 opinions

  1. Snyder & Associates Acquisitions LLC v. United StatesCourt of Appeals for the Ninth Circuit · 2017
  2. United States v. Daniel GarciaCourt of Appeals for the Ninth Circuit · 2014
  3. Dale Bozzio v. Emi Group LtdCourt of Appeals for the Ninth Circuit · 2016
  4. Strojnik v. Kapalua Land Co.District Court, D. Hawaii · 2019
  5. Publius v. Boyer-VineDistrict Court, E.D. California · 2017

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