CA Open Lands v. Butte County Dept. of Public Works
Opinion
trial_court Opinion
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UNITED STATES DISTRICT COURT
8 FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 CALIFORNIA OPEN LANDS, No. 2:20-cv-00123-DJC-DMC
11 Plaintiff, v.
12 ORDER
BUTTE COUNTY DEPARTMENT OF
13 PUBLIC WORKS, DENNIS SCHMIDT, and ERIC MILLER,
14 Defendants.
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17 Pending before the Court is Plaintiff California Open Lands’ Motion for Partial
18 Summary Judgment on its first, third, and fourth claims for relief. (ECF No. 91.)
19 Having considered the Parties’ briefing and arguments, the Court hereby
20 GRANTS the Motion in part, and DENIES it in part.
21 FACTUAL BACKGROUND
22 I. Plaintiff’ s Wetland Preserve 23 Plaintiff is a California non-profit land trust corporation based in Chico, 24 California. (Nielsen Decl. (ECF No. 91-5) ¶ 1.) In 2007, Butte County recorded a 25 perpetual conservation easement grant (“Easement”) in Plaintiff’s favor that created a 26 wetland preserve (“Preserve”) on a portion of the Neal Road Recycling and Waste 27 Facility (“Facility”) located in Butte County. (Id. ¶ 2.) Plaintiff maintains the…