Lake Berryessa Tenants' Council v. United States

588 F.2d 267 12 ERC 1585 , 9 Envtl. L. Rep. 20 ,030 LAKE BERRYESSA TENANTS' COUNCIL, by Louis P. Tersini, on his own behalf, and all others similarly situated, Plaintiffs-Appellants, v. UNITED STATES of America, United States Department of Interior, Bureau of Reclamation, and Robert A. Wier, Defendants-Appellees. No. 76-1630. United States Court of Appeals, Ninth Circuit. Nov. 30, 1978. Peter E. Tiernan, Frank P. Nicoletti, San Jose, Cal., for plaintiffs-appellants. Larry A. Boggs, Atty. of Dept. of Justice, Washington, D. C., for defendants-appellees. On Appeal from the United States District Court for the Northern District of California. Before BROWNING and ANDERSON, Circuit Judges, and WATERS, * District Judge. PER CURIAM: 1 This class action was brought by the Lake Berryessa Tenants' Council against the United States, the Department of the Interior, the Bureau of Reclamation, and Robert A. Wier. The appellants challenge the government's action in ordering the removal of all privately-owned docks and certain houseboats from Lake Berryessa. The contentions made by the appellants raised basically four separate claims for relief: 2 (1) It was an unconstitutional taking of their…