In Re Prestige Point, a Joint Venture, Debtor. Bear Valley Mutual Water Company v. Prestige Point

985 F.2d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re PRESTIGE POINT, a Joint Venture, Debtor. BEAR VALLEY MUTUAL WATER COMPANY, Appellant, v. PRESTIGE POINT, Appellee. No. 91-55837. United States Court of Appeals, Ninth Circuit. Submitted Feb. 2, 1993. * Decided Feb. 4, 1993. Appeal from the Ninth Circuit Bankruptcy Appellate Panel, BAP No. CC-90-1295-VOJ (Bktcy. No. SB-86-07275-LR); Volinn, Ollason, and Jones, Judges, Presiding. Bkrtcy.App. 9, 130 B.R. 362 . REVERSED. Before PREGERSON, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 The owner of property leased to a debtor in bankruptcy appeals from the reversal of a declaratory judgment in its favor, holding that the debtor had no leasehold interest in the property. For the reasons set forth below, we reverse. FACTS AND PRIOR PROCEEDINGS 3 Bear Valley Mutual Water Company ("Bear Valley") filed an adversary complaint under 28 U.S.C. § 2201 against Chapter 11 debtor Prestige Point ("Prestige"),…