North Carolina Ex Rel. North Carolina Department of Administration v. Alcoa Power Generating, Inc.

Unlike my friends in the panel majority and on the district court, I am satisfied that the disputed 45-mile segment of the majestic Yadkin River belongs to the people of North Carolina. I therefore write separately in dissent. The district court and the majority — in ruling against the State of North Carolina — have erred in several respects. To start, the federal court system should not be resolving the garden-variety land title issues that are presented here. Put succinctly, this declaratory judgment action should be a state court proceeding and is wanting of a sufficient federal question.…