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

Filing 47

STIPULATION REGARDING OBJECTIONS AND DEFENSES RAISED BY DEFENDANT CHARLES DUNN signed by Chief Judge Lawrence J. O'Neill on April 3, 2018. (Munoz, I)

1
2
3
4
5
6
7
8
9
10
11
12

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

13
14

Attorneys for the United States.

15
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

16
17
18

UNITED STATES OF AMERICA,
CASE NO. 1:17-cv-00930-LJO-JLT

19

Plaintiff,

20
21
22
23
24
25
26

v.
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 CHARLES
DUNN

27
28
STIPULATION REGARDING OBJECTIONS AND DEFENSES

1

1

Plaintiff United States of America and Defendant Charles Dunn (“Dunn”) stipulate that

2

the only issue in this litigation is the amount and distribution of just compensation for the taking.

3

In support of the stipulation, the parties to this stipulation agree as follows:

4

1.

5

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

6

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

7

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

8

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

9

Act, 40 U.S.C. § 3114.

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

10

2.

11

Title to the

defenses to the taking, namely:

12

Counsel for Dunn filed an Answer (Dkt. 34) asserting a number of objections and

a.

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

13

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

14

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

15

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

16

denies the same (“Objections”);

17

b.

18

Affirmative Defense”);

19

c.

20
d.

22
e.

24

27

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

23

26

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

21

25

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

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

3.

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

Defense, Second Affirmative Defense, and Fourth Affirmative Defense.
4.

Dunn preserves all rights related to the Third Affirmative Defense.

28
STIPULATION REGARDING OBJECTIONS AND DEFENSES

2

1

5.

2

amount and distribution of just compensation for the Property.

3

6.

4

this action and are affected by the stipulation.

5

7.

No oral argument is requested.

6

8.

A proposed order is below.

7
8

The parties to this stipulation agree the only remaining issue in this litigation is the

Pursuant to Local Rule 143, this stipulation is signed by all parties who have appeared in

WHEREFORE, the United States respectfully requests that the Court enter the below
proposed Order approving the stipulation.

9
10

Dated: April 3, 2018

11

Respectfully submitted,
JEFFREY H. WOOD
Acting Assistant Attorney General

12
13

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

14
15
16
17

NOSSAMAN LLP

18
/s/ Bernadette M. Duran-Brown
BERNADETTE M. DURAN-BROWN
Attorney for Charles Dunn

19
20
21
22
23
24

IT IS SO ORDERED.
Dated:

April 3, 2018

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

25
26
27
28
STIPULATION REGARDING OBJECTIONS AND DEFENSES

3