Green

Green v. United States Forest Service

Good Law
United States District Court, Southern District of CaliforniaJuly 28, 20223:20-cv-01046California1,135 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEVEN R. GREEN, in his capacity CASE NO. 20cv1046-LAB-AGS 11 as trustee of the Steven R. Green Living Trust Dated July 10, 2000,

ORDER SUA SPONTE

DISMISSING COMPLAINT Plaintiff, 14 v.

UNITED STATES FOREST

SERVICE, and DOES 1-100, inclusive, 17 Defendants. 19 Steven R. Green (“Green”) owns a ranch in the Cleveland National Forest that is accessible only through McCoy Ranch Road, owned by the United States Forest Service (“Forest Service”). (Dkt. 1 ¶ 10). After the road deteriorated due to inclement weather, public use, and a lack of functioning drainage features, Green and his neighbor asked the Forest Service to repair it. (Id. ¶¶ 25–30). Green’s neighbor was granted an emergency repair permit to maintain all but the last 135-yard stretch of the road before Green’s property. (Id. ¶¶ 55, 74). This stretch of road was distinguished by the Forest Service “environmental review.” (Id. ¶¶ 55, 85). The Forest Service then set out about 2 …

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