Brandt-Erichsen v. United States Department of the Interior, Bureau of Land Management

I respectfully dissent. I would reverse the district court’s decision to grant summary judgment in favor of appellees because the district court erred in determining that Brandt-Erichsen failed to obtain a “receipt upon final entry” for purposes of 43 U.S.C. § 1165 (1988).

I. The Statutes

As we observed in Grewell v. Watt, 664 F.2d 1380 (9th Cir.1982), both the statute under which Brandt-Erichsen claims his site, 43 U.S.C. § 687a (1982) (repealed effective 1986),1 and the statute which he argues barred the BLM’s contest after two years, 43 U.S.C. § 1165, had their genesis in an 1891…