United States v. Lincoln Albert Allen, AKA Bud Allen, Helen Carter Allen, and Lincoln Albert Allen, Jr.

Defendants-appellants owned two mining claims which were the subject of a contest hearing initiated by the Government. The hearing, before an administrative law judge, resulted in a declaration that the claims were null and void. The United States then brought the present ejectment action in Federal District Court. Appellants counterclaimed based on inverse condemnation. The District Court for the Eastern District of California (Wilkins, J.) granted the Government motion for summary judgment, finding appellants’ continued occupation to constitute a trespass and ordering appellants to vacate the property. Judge Wilkins also dismissed the counterclaim. We affirm.

In examining a motion for summary judgment, the district court must determine whether any material factual issues exist which can only be resolved through a trial. Radobenko v. Automated Equipment Corp., 520 F.2d 540, 543 (9th Cir. 1975). The District Court specifically held that no such issues were involved. Indeed, there can be no question of fact, as appellants concede that the claims, located on public lands, are null and void. In addition, the record indicates that the Allens never even conducted an actual mining…