Avista Corporation Inc. v. Sanders County

MEMORANDUM

Avista Corporation (“Avista”) appeals the Magistrate Judge’s decision denying it leave to amend its complaint to add a claim under the Quiet Title Act, 28 U.S.C. § 2409a, to quiet title in a former railroad right of way. The right of way is potentially owned by either the descendants of Arthur Hampton (“Individual Defendants”) or the United States, but not by Avista. The Magistrate Judge held that our decision in Avista Corporation Inc. v. Wolfe, 549 F.3d 1239 (9th Cir.2008), which concluded that Avista had no claim to title in any part of the right of way at issue, left Avista without Article III standing to bring a Quiet Title claim. Avista argues that its economic interest in the outcome of the ownership dispute between the Individual Defendants and the United States gives it Article III standing, and its ownership of a flowage easement over part of the disputed right of way confers jurisdiction on its suit under the Quiet Title Act. Although we agree with Avista that it has Article III standing, we affirm on the alternate ground that the Quiet Title Act does not confer jurisdiction over a suit to quiet title in land disputed between the United States and a third…