Mills v. United States, No. 12-35589 (9th Cir. 2014)Annotate this Case
Plaintiff filed suit alleging that he was entitled to use the Fortymile Trail for access to his state mining claims. Plaintiff sought a declaration that he was entitled to a right-of-way to access his state mining claims on the Fortymile Trail both under a federal statute commonly referred to as R.S. 2477 and because he has an easement by implication or necessity, and that the real property interests claimed by the non-federal defendants were subject to this right-of-way. The district court dismissed plaintiff's claims against all defendants and plaintiff appealed. The court concluded that plaintiff's claims against the federal government were barred by sovereign immunity, but that the district court erred in concluding that his claims against Doyon Limited and Hungwitchin Corporation were barred by principles of prudential standing. Accordingly, the court affirmed in part and reversed in part.