Legal Opinion

Thomas F. Werner, Ruth E. Werner, David Litwack, Yvette A. Litwack, William Wargo, Lynn Wargo v. United States

Court of Appeals for the Eleventh Circuit

Decided December 28, 1993No. 92-3040PublishedCited by 18 opinions

1Opinion of the Court

GODBOLD, Senior Circuit Judge:

Appellants, plaintiffs below, are owners of a small parcel of land located on Choctawhat-chee Bay in northern Florida. The property is bounded on three sides by water and on the fourth side by land that is part of Eglin Air Force Base, a facility of the United States. It is physically impossible to enter plaintiffs’ property by land without crossing over the adjoining Eglin land.

On March 15,1991 plaintiffs sued the United States pursuant to 28 U.S.C. § 2409a(a), 1 the Quiet Title Act, seeking a declaration that they had acquired an easement of necessity pursuant…

2Cases cited4 opinions

  1. Park County, Montana, and Sweet Grass County, Montana v. United States of America, Cross Creek Protective Association, Defendant-Intervenor-AppelleeCourt of Appeals for the Ninth Circuit · 1980
  2. Vincent Murphy Chevrolet Company, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1985
  3. Elk Mountain Safari, Inc. v. United StatesDistrict Court, D. Wyoming · 1986
  4. W.O. Narramore v. United StatesCourt of Appeals for the Ninth Circuit · 1988

3Cited by18 opinions

  1. Michel v. United StatesCourt of Appeals for the Ninth Circuit · 1995
  2. F.E.B. Corp. v. United StatesCourt of Appeals for the Eleventh Circuit · 2016
  3. Mafrige v. United StatesDistrict Court, S.D. Texas · 1995
  4. Pine River Irrigation District v. United StatesDistrict Court, D. Colorado · 2009
  5. Lombard v. United StatesDistrict Court, D. Massachusetts · 1998

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