Legal Opinion · Dissent

United States v. 313.34 Acres of Land, More or Less, Situated in Jefferson County, State of Washington, Etc., Jeffrey Jay Kamp Jill Jay Kamp

Court of Appeals for the Ninth Circuit

Decided January 15, 1991No. 89-35529Published

1DissentLeavy, Circuit Judge

Because I disagree with the majority’s conclusions both that the phrase “structures, suitable for use as a personal residence” is ambiguous and that the Secretary’s interpretation thereof as requiring a building permit was reasonable, I respectfully dissent.

The starting point in every case involving construction of a statute is the statutory language itself. Unless otherwise defined, the words selected by Congress should be given their ordinary, common meaning. Foxgord v. Hischemoeller, 820 F.2d 1030, 1032 (9th Cir.), cert. denied, 484 U.S. 986, 108 S.Ct. 503, 98 L.Ed.2d 502 (1987). “In…

2Cases cited9 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. Abourezk v. ReaganCourt of Appeals for the D.C. Circuit · 1986
  4. Mills Music, Inc. v. SnyderSupreme Court of the United States · 1985
  5. In Re Charles Stringer, Ii, Debtor. Charles Stringer, Ii, Debtor-Appellant v. Aristela Huet, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1988

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