Shiny Rock Mining Corporation v. United States

906 F.2d 1362 SHINY ROCK MINING CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America; U.S. Department of the Interior; William Clark, Secretary of Interior; Bureau of Land Management; Robert R. Burford, Director of the Bureau of Land Management; Harold A. Berends, Chief, Branch of Lands and Mineral Operations, Bureau of Land Management, Oregon State Office, Defendants-Appellees. No. 89-35577. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 1990. Decided June 28, 1990. M. Craig Haase, Haase and Harris, Reno, Nev., for plaintiff-appellant. Blake A. Watson, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before BROWNING, ALARCON, Circuit Judges, and TEVRIZIAN, * District Judge. ALARCON, Circuit Judge: 1 Shiny Rock Mining Corporation (Shiny Rock) appeals from the dismissal of this action as barred by the statute of limitations. Shiny Rock sought a declaratory judgment that Public Land Order 3502 (PLO 3502), effective December 8, 1964, deprives Shiny Rock of its property without due process and that enforcement of its provisions will result in a taking without…