CA Open Lands v. Butte County Dept. of Public Works

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

CALIFORNIA OPEN LANDS, No. 2:20-cv-00123-DJC-DMC

Plaintiff, v.

ORDER

BUTTE COUNTY DEPARTMENT OF

PUBLIC WORKS, DENNIS SCHMIDT, and ERIC MILLER,

14 Defendants.

Pending before the Court is Plaintiff California Open Lands’ Motion for Partial

Summary Judgment on its first, third, and fourth claims for relief. (ECF No. 91.)

Having considered the Parties’ briefing and arguments, the Court hereby

GRANTS the Motion in part, and DENIES it in part.

FACTUAL BACKGROUND

I. Plaintiff’ s Wetland Preserve Plaintiff is a California non-profit land trust corporation based in Chico, California. (Nielsen Decl. (ECF No. 91-5) ¶ 1.) In 2007, Butte County recorded a perpetual conservation easement grant (“Easement”) in Plaintiff’s favor that created a wetland preserve (“Preserve”) on a portion of the Neal Road Recycling and Waste Facility (“Facility”) located in Butte County. (Id. ¶ 2.) Plaintiff maintains the…