Sumner Peck Ranch, Inc. v. Bureau of Reclamation
Opinion
Opinion
Wanger, J.
MEMORANDUM OPINION AND ORDER RE: WESTLANDS WATER DISTRICT’S MOTION TO DISMISS AND FEDERAL DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND JUDGMENT ON THE PLEADINGS
This matter comes before the Court based on motions made by two sets of defendants named in Plaintiffs’ “Second Amended Complaint For Equitable and Monetary Relief,” filed on February 18, 1992. Westlands Water District (“Westlands”) seeks dismissal of Plaintiffs’ Second Amended Compliant pursuant to Fed.R.Civ.P. 12(b). The “Federal Defendants,” consisting of the Bureau of Reclamation, the Department of the Interior and the United States, seek partial summary judgment and judgment on the pleadings.
Hearings on the motions were held on April 16 and 19,1993. Plaintiffs were represented by William M. Smiland, Esq. and Theodore A. Chester, Jr., Esq. Westlands was represented by Thomas W. Birmingham, Esq. The Federal Defendants were represented by Daniel Bensing, Esq. All arguments made by the parties have been considered.
I.
STANDARDS FOR REVIEWING MOTIONS TO DISMISS; FOR JUDGMENT ON THE PLEADINGS; AND FOR SUMMARY JUDGMENT
A motion to dismiss for failure to state a claim under F.R.C.P. 12(b)(6) “is viewed with disfavor and…