The Great American Houseboat Company, a California Corporation v. The United States of America, (u.s. Forest Service)

This case arises from the United States Forest Service’s (“Forest Service”) refusal to grant Great American Houseboat Company’s (“GAHC”) applications for permits to operate eight houseboats on Shasta Lake. GAHC brought this action for declaratory and injunctive relief alleging the Forest Service’s permit regulations and conditions are unconstitutionally vague and were applied to them in a discriminatory manner in violation of the equal protection clause. GAHC also alleged that the Forest Service revised its application form and houseboat use permit conditions without appropriate authority. The Forest Service’s Rule 41(b) motion for involuntary dismissal was granted following a trial to the court. GAHC appeals. We affirm.

FACTS AND PROCEEDINGS BELOW

GAHC is a California corporation in the business of managing and selling houseboats, including timeshare/interval ownership houseboat programs. GAHC sold eight houseboats to eight individuals (“owner-investors”), who made their own arrangements for financing. Each owner-investor entered into a houseboat lease arrangement, leasing the houseboats back to GAHC for a five-year term. GAHC then created a partnership which transferred…