Legal Opinion

Bel Marin Keys Community Services District v. Bel-Marin Enterprises, Inc.

Court of Appeals for the Ninth Circuit

Decided August 10, 1978No. 76-1982PublishedCited by 3 opinions

1Opinion of the Court

KILKENNY, Circuit Judge:

This is an appeal from a judgment of the district court affirming the judgment of the bankruptcy court holding that the appellee trustee in bankruptcy was the owner of a waterfront easement with the right to install, construct, maintain, and operate docks on the easement, free and clear of any claim of the appellants, the public, or any other person or entity. The sole issue we consider is the jurisdiction of the bankruptcy court to decide the question of the existence of the easement, if any, known to the record as Easement A.

PROCEDURAL BACKGROUND

The litigation…

2Cases cited4 opinions

  1. Harrison v. ChamberlinSupreme Court of the United States · 1926
  2. Cline v. KaplanSupreme Court of the United States · 1944
  3. Leggio v. HaggertyCalifornia Court of Appeal · 1965
  4. Suhl v. BumbCourt of Appeals for the Ninth Circuit · 1965

3Cited by3 opinions

  1. General Iron Industries, Inc. v. A. Finkl & Sons Co.Appellate Court of Illinois · 1997
  2. Bel Marin Keys Community Services District v. Bel-Marin Enterprises, Inc.Court of Appeals for the Ninth Circuit · 1978
  3. Lake Minnewaska Mountain Houses, Inc. v. Smiley (In Re Lake Minnewaska Mountain Houses, Inc.)District Court, S.D. New York · 1984

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