United States of America v. 1.41 Acres of Land et al, No. 3:2014cv01781 - Document 153 (N.D. Cal. 2015)
Court Description: ORDER DENYING REQUEST OF THE UNITED STATES FOR AN ADVISORY OPINION by Hon. William Alsup denying 126 Motion Finding that Easement Would Be Substitute Facility.(whalc1, COURT STAFF) (Filed on 9/28/2015)
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United States of America v. 1.41 Acres of Land et al Doc. 153 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 UNITED STATES OF AMERICA, 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, No. C 14-01781 WHA v. 16 1.41 ACRES OF LAND, more or less, situated in the City of Alameda, Alameda County, State of California, and THE STATE OF CALIFORNIA, acting by and through its Department of Parks and Recreation, and the EAST BAY REGIONAL PARK DISTRICT, 17 Defendants. 14 15 / 18 19 ORDER DENYING REQUEST OF THE UNITED STATES FOR AN ADVISORY OPINION The United States has filed a “Motion for a Finding that the Conveyance of a Street Use 20 and Parking Easement to Defendant State of California, its Successors and Assigns, is the 21 Reasonably Necessary Substitute Facility” (Dkt. No. 126). A previous order denied a motion for 22 summary judgment that only nominal compensation was due, as the United States failed to 23 reserve parking rights to defendants in its condemnation of McKay Avenue (Dkt. No. 113). The 24 United States has proposed to convey a non-exclusive easement to defendant the State of 25 California, and its successors and assigns, for street purposes and for parking. The easement has 26 not been executed or recorded. 27 28 With this motion, the United States seeks an advisory opinion that the grant of this easement is adequate compensation. Such an advisory opinion would be improper, and for that Dockets.Justia.com 1 reason, the motion of the United States is DENIED. The portion of the hearing scheduled for 2 WEDNESDAY, SEPTEMBER 30 AT 2:00 P.M. pertaining to this motion is hereby VACATED. 3 4 IT IS SO ORDERED. 5 6 Dated: September 28, 2015. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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