Legal Opinion

Bartleson v. United States

Court of Appeals for the Ninth Circuit

Decided September 25, 1996No. Nos. 95-15528, 95-15561PublishedCited by 34 opinions

1Opinion of the Court

WIGGINS, Circuit Judge:

Stuart A. Bartleson and Marie and Kenneth Palm (collectively “the Palms”), owners *1272of large ranches adjacent to Camp Roberts Military Reservation in southern Monterey County, California, filed a claim under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2674, against the United States seeking damages for, inter alia, nuisance, arising out of a number of artillery shells from Camp Roberts landing on their property. Relying on a theory of permanent nuisance, the district court awarded $60,000 to Bartleson for diminution in the value of his property, and $150,000 to the…

2Cases cited21 opinions

  1. United States v. KubrickSupreme Court of the United States · 1979
  2. Gibson v. United StatesCourt of Appeals for the Ninth Circuit · 1986
  3. H. Jerome Claar Ben Mar Maynard Young Donald Doll v. Burlington Northern Railroad Company, Dick Eggar Ray Ellison v. Burlington Northern Railroad CompanyCourt of Appeals for the Ninth Circuit · 1994
  4. Baker v. Burbank-Glendale-Pasadena Airport AuthorityCalifornia Supreme Court · 1985
  5. Spaulding v. CameronCalifornia Supreme Court · 1952

16 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Limone v. United StatesCourt of Appeals for the First Circuit · 2009
  2. Phillips v. E.I. Dupont De Nemours & Co.Court of Appeals for the Ninth Circuit · 2007
  3. Jachetta v. United StatesCourt of Appeals for the Ninth Circuit · 2011
  4. Carson Harbor Village, Ltd. v. Unocal Corp.District Court, C.D. California · 2003
  5. Darrow Kierov Erlin, and Barbara Snow-Erlin v. United StatesCourt of Appeals for the Ninth Circuit · 2004

29 more not listed; retrieve them via the Exa API.

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