Legal Opinion
Seven Up Pete Venture v. Schweitzer
Court of Appeals for the Ninth Circuit
Decided April 21, 2008No. 06-35384PublishedCited by 71 opinions
1Opinion of the Court
CANBY, Circuit Judge:
The primary question before us is whether the Eleventh Amendment precludes federal jurisdiction over an action seeking compensation under the Fifth and Fourteenth Amendments for a taking of property by a State.
The factual setting of this case is simple enough; the procedural context is more complicated. Seven Up Pete Venture (“the Venture”) and other plaintiffs acquired leases of Montana state property for the purpose of mining gold, silver and other trace minerals. 1 Subsequently, voters of Montana enacted Initiative 137 (“I-137”), which banned open-pit mining for gold…
2Cases cited26 opinions
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Ex Parte YoungSupreme Court of the United States · 1908
- Edelman v. JordanSupreme Court of the United States · 1974
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
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3Cited by71 opinions
- Hutto v. South Carolina Retirement SystemCourt of Appeals for the Fourth Circuit · 2014
- Suever v. ConnellCourt of Appeals for the Ninth Circuit · 2009
- Vaquería Tres Monjitas, Inc. v. IrizarryCourt of Appeals for the First Circuit · 2009
- Townsend v. University of AlaskaCourt of Appeals for the Ninth Circuit · 2008
- Jachetta v. United StatesCourt of Appeals for the Ninth Circuit · 2011
66 more not listed; retrieve them via the Exa API.