United States of America v. 42.35 Acres of Land, More or Less, Situate in Kern County, California et al

Filing 45

ORDER on Stipulation Regarding Objections and Defenses Raised by Defendant Tyler Keith Wendt, signed by Chief Judge Lawrence J. O'Neill on 3/19/2018. (Hellings, J)

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JEFFREY H. WOOD
Acting Assistant Attorney General
READE E. WILSON
ANTHONY C. GENTNER
Trial Attorneys
United States Department of Justice
Environment & Natural Resources Division
P.O. Box 7611, Ben Franklin Station
Washington, DC 20044-7611
Telephone: [phone]
[e-mail]
[e-mail]

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ALYSON A. BERG
Assistant United States Attorney
Eastern District of California
2500 Tulare Street, Suite 4401
Fresno, CA 93721
Telephone: [phone]
[e-mail]
Attorneys for the United States.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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CASE NO. 1:17-cv-00930-LJO-JLT
Plaintiff,

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v.

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42.35 ACRES OF LAND, MORE OR
LESS, SITUATE IN KERN COUNTY,
CALIFORNIA, AND DONALD E.
RINALDI, TRUSTEE FOR SIERRA
CRAIGMYLE TRUST DATED
DECEMBER 28, 1987, et al.
Defendants.

STIPULATION REGARDING
OBJECTIONS AND DEFENSES
RAISED BY DEFENDANT TYLER
KEITH WENDT

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STIPULATION REGARDING OBJECTIONS AND DEFENSES

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Plaintiff United States of America and Defendant Tyler Wendt, as Executor of the Estate

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of George Wendt, and as Successor Trustee of the Restated George R. Wendt and Pamela K.

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Wendt Family Trust dated March 4, 1992 (“Wendt”), stipulate that the only issue in this

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litigation is the amount and distribution of just compensation for the taking. In support of the

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stipulation, the parties to this stipulation agree as follows:

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1.

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Condemnation and Declaration of Taking on behalf of the United States Army Corps of

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Engineers to take Tracts 417-1 and 417-2 in Lake Isabella, Kern County, California (the

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“Property”), and deposited estimated just compensation in the court registry.

On July 13, 2017 (“Date of Taking”), the United States filed a Complaint in

Title to the

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property vested in the United States on the Date of Taking pursuant to the Declaration of Taking

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Act, 40 U.S.C. § 3114.

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2.

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defenses to the taking, namely:

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Counsel for Wendt filed an Answer (Dkt. 19) asserting a number of objections and

a.

That Wendt lacks information sufficient to admit or deny the allegations in the

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Complaint regarding the authority for the taking; the public uses for which the

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property is taken; the legal description of the property taken; the plat (map)

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showing the property taken; and the estate in the property taken; and therefore

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denies the same (“Objections”);

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b.

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Affirmative Defense”);
c.

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d.

That the Complaint has not been properly served on all parties (“Third
Affirmative Defense”);

e.

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That the Complaint fails to name the real parties in interest (“Second Affirmative
Defense”);

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That the Complaint fails to state a claim upon which relief may be granted (“First

That just compensation for the Property taken exceeds $2,000,000 (“Fourth
Affirmative Defense”); and

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That the action is barred by the doctrine of laches (“Fifth Affirmative Defense”).

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STIPULATION REGARDING OBJECTIONS AND DEFENSES

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3.

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Defense, Second Affirmative Defense, Third Affirmative Defense, and Fifth Affirmative

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Defense.

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4.

Wendt preserves all rights related to the Fourth Affirmative Defense.

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5.

The parties agree the only remaining issue in this litigation is the amount and distribution

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of just compensation for the Property.

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6.

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who have appeared in this action and are affected by the stipulation.

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7.

No oral argument is requested.

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8.

A proposed order is below.

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Wendt hereby withdraws and waives with prejudice the Objections, First Affirmative

Pursuant to Local Rule 143, this stipulation is signed by all attorneys or pro se parties

WHEREFORE, the United States respectfully requests that the Court enter the below

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proposed Order approving the stipulation.

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Dated: March 13, 2018

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Respectfully submitted,
JEFFREY H. WOOD
Acting Assistant Attorney General

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/s/ Reade E. Wilson
READE E. WILSON
/s/ Anthony C. Gentner
ANTHONY C. GENTNER
Trial Attorneys
United States Department of Justice

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LAW OFFICES OF ERIC F. EDMUNDS, JR.

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/s/ Eric F. Edmunds, Jr.
ERIC F. EDMUNDS, JR.
Attorney for Tyler Keith Wendt, as Executor and
Successor Trustee

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IT IS SO ORDERED.

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Dated:

March 19, 2018

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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STIPULATION REGARDING OBJECTIONS AND DEFENSES

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