Tri-Dam

Tri-Dam v. Frazier

Good Law
United States District Court, Eastern District of CaliforniaJanuary 18, 20221:20-cv-00408California14,494 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TRI-DAM, Case No. 1:20-cv-00408-SKO

Plaintiff, ORDER ON CROSS MOTIONS FOR

SUMMARY JUDGMENT

v. (Docs. 38, 45)

SCOTT FRAZIER,

13 Defendant. _____________________________________/

15 16 I. INTRODUCTION Plaintiff Tri-Dam (“Plaintiff”) filed this action against Defendant Scott Frazier (“Defendant”), alleging causes of action for violation of the Federal Power Act (“FPA”), 16 U.S.C. § 825p, public nuisance, private nuisance, trespass, and interference with express easement. (Doc. 1 (“Compl.”).) On October 20, 2021, Plaintiff filed a motion for partial summary judgment on its public and private nuisance claims, and Defendant filed a motion for summary judgment or, alternatively, partial summary judgment or judgment on the pleadings, on all of Plaintiff’s claims. (Docs. 38, 45.) The parties filed their respective oppositions on November 17, 2021, and their respective replies on November 24, 2021. (Docs. 46, 50, 51, 52.)…

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