Twombley

The question presented by this appeal is whether the City of Long Beach, California) holdg fee title to the submerged lands (lands eovered by navigabIe non_ tidal waters) within its boundaries, free from any right in the state of California.

Appellant, as a citizen, resident and taxpayer of the City of Long Beach, has brought this action against Long Beach and the State of California, asserting that Long Beach has such fee title, but is wrongfully paying to the State a portion of its revenue from such lands under the erroneous assumption that it is legal-obligated to do so. The complaint sought an injunction against further payments to the State and a declaration of Lon^ Beach’s title- Appellant asserts ^at City’s title was derived from the United States by the provisions of the Lands Act 67 State 29 (1953), chapter 31, 43 U.S.C. §§ 1301-1343 . He invokes Federal jurisdiction under 28 U.S.C. § 1331 , upon the ground that the interpretation of an Act of Congress is essential to his claim,

The action was dismissed by the District Court of the Southern District of California, Central Division, for failure of the complaint to state a claim. This appeal followed.

Prior to United…