Shea Homes Ltd. Partnership v. United States

Good Law

397 F. Supp. 2d 1194·2005 WL 3020123·35 Envtl. L. Rep. (Envtl. Law Inst.) 20231·61 ERC (BNA) 2110·2005 U.S. Dist. LEXIS 28438

United States District Court, Northern District of CaliforniaNovember 10, 2005C04-0092 TEHCalifornia5,080 words

Opinion

Henderson, J.

ORDER GRANTING MOTION TO DISMISS CLAIMS FOUR THROUGH TEN

This matter came before the Court on July 11, 2005, on Defendant’s Motion to Dismiss the fourth through tenth claims in this action under Fed.R.Civ.P. 12(b)(1), or alternatively, Fed.R.Civ.P. 56(c). Defendant contends that this Court is barred, under Section 113(h) of CERCLA, from exercising jurisdiction over Plaintiffs fourth through tenth claims because they improperly seek to challenge the government’s ongoing clean up of a contaminated site. Defendant also contends that this Court lacks jurisdiction over Plaintiffs fifth through tenth claims on the ground that they are barred by the discretionary function and misrepresentation exceptions to the FTCA. Having carefully considered the parties’ extensive written and oral arguments, supplemental filings, and the entire record herein, the Court grants Defendant’s motion for the reasons set forth below.

I. BACKGROUND

On September 2, 1999, Plaintiff, Shea Homes Limited Partnership (“Shea”) purchased a 10 acre parcel of property in Novato, California, which was previously part of the Hamilton Air Force Base (“HAFB”) prior to its closure in 1974. On December 30, 1999, Shea…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.