Kane County v. USA
| Kane County |
| USA |
| 2:2010cv01073 |
| October 28, 2010 |
| US District Court for the District of Utah |
| Central Office |
| Kane |
| David Nuffer |
| All Other Real Property |
| 28 U.S.C. ยง 2409 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
773
MEMORANDUM DECISION & Order: denying 671 Motion to Dismiss for Lack of Jurisdiction ; denying 755 Motion to Dismiss for Lack of Jurisdiction. Specifically, the court concludes Utahs seven-year statute of limitations does not ba r the Bellwether road claims. The court will address the QTA statue of limitations claims at the same time that it addresses the jurisdictional claims. The parties shall submit additional briefing as set forth. 1. United States opening suppl emental brief shall be filed on or before November 7, 2023; 2. The State and Countys responsive briefs shall be filed on or before December 8, 2023; 3. United States reply brief shall be filed on or before December 22, 2023. Signed by Judge Clark Waddoups on 10/06/2023. (kpf)
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Filing
753
MEMORANDUM DECISION GRANTING MOTION FORRELIEF - granting 734 Motion ; Motions terminated: 734 MOTION to modify the stay by Kane County Utah, Garfield County, Utah, and the State of Utah's Motion for Relief filed by Kane County. See Order for details. Signed by Judge Clark Waddoups on 11/10/22. (jrj)
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Filing
745
AMENDED MEMORANDUM DECISION AND ORDER DENYING SUWA'S MOTIONre: STAYING DISTRICT COURT PROCEEDINGS - Because SUWA cannot satisfy the requirements for a stay, granting SUWA leave to file a motion to stay, would be contrary to the interests of judicial efficiency. Accordingly, the court denies SUWAs motion for leave to file a motion to stay 741 . See Order for details. Signed by Judge Clark Waddoups on 9/21/22. (jrj)
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Filing
732
MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR CERTIFICATION OF ORDER FOR INTERLOCUTORY APPEAL -granting 730 Motion for Certificate of Appealability; Motions terminated: 730 MOTION for Certificate of Appealability and Memorandum in Support filed by Southern Utah Wilderness Alliance, Grand Canyon Trust, Sierra Club, Wilderness Society. See Order for details. Signed by Judge Clark Waddoups on 7/9/22. (jrj)
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Filing
727
MEMORANDUM DECISION AND ORDER DENYING SUWAS FIFTH MOTIONTO INTERVENE AS OF RIGHT and RETAINING FOURTH AMENDED PERMISSIVE INTERVENTION ORDER - denying 607 Motion to Intervene and Memorandum in Support as of Right filed by S outhern Utah Wilderness Alliance, Grand Canyon Trust, Sierra Club, Wilderness Society. The Fourth Amended Permissive Intervention Order shall remain in place in all cases to which it presently applies. In the event there is any question, the co urt informs SUWA that if it wishes to appeal this decision, the Fourth Amended Permissive Intervention Order does not preclude SUWA from filing the requisite Notice of Interlocutory Appeal. See Order for details. Signed by Judge Clark Waddoups on 6/6/22. (jrj)
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Filing
674
MEMORANDUM DECISION and ORDER granting 669 Motion to Strike 662 Notice of Supplemental Authority; striking 673 Motion for Leave to File Opposition. Signed by Judge Clark Waddoups on 8/24/2020. (lnp)
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Filing
549
MEMORANDUM DECISION AND ORDER-granting in part and denying in part 530 Motion ; Motions terminated: 530 MOTION to Allow SUWA Full-Party Participation or to Address the Motion to Intervene on the Merits and Memorandum in S upport filed by Southern Utah Wilderness Alliance, Grand Canyon Trust, Sierra Club, Wilderness Society. The court also sets forth above the new conditions under which SUWA may participate in this case as a limited permissive intervenor. See Order for details. Signed by Judge Clark Waddoups on 9/5/19. (jmr)
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Filing
469
MEMORANDUM DECISION AND ORDER-denying 456 Motion re: Bellwether Routes Site Visit. The court concludes a site visit will produce relevant evidence and is an important part of the court's ability to understand and place in context the evidence presented at trial. Therefore the court overrules the objection SUWAs Motion sets forth. See Order for details. Signed by Judge Clark Waddoups on 10/5/18. (jmr)
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Filing
394
MEMORANDUM DECISION AND ORDER-granting 368 Motion to Quash; denying 377 Motion to Strike. It authorizes SUWA to file a subpoena tailored to the fifteen roads now at issue in the bellwether trial. If SUWA issues such a subpoena and the State believes some documents are protected by a privilege, the State may raise such objections at that time. Signed by Judge Clark Waddoups on 5/9/18. (jmr)
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Filing
363
ORDER ASSIGNING CASE TO JUDGE CLARK WADDOUPS FOR ALL PURPOSES. Signed by Judge David Nuffer on 1/26/2018. (jwt)
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Filing
211
Certification of Issue to State Supreme Court. For the foregoing reasons, the court hereby ORDERS that, pursuant to Rule 41 of the Utah Rules of Appellate Procedure, the following question is certified to the Utah Supreme Court: A re Utah Code § 78B-2-201(1) and its predecessor statutes of limitations or statutes of repose?It is further ORDERED that the Clerk of this Court shall transmit a copy of this certification to the parties and shall submit to the Utah Supreme Court a certified copy of this certification. Should the Utah Supreme Court determine that all or any portion of the record be filed with the Court, this court further orders the Clerk shall transmit the requested records. Signed by Judges David Nuffer, Clark Waddoups, Robert J. Shelby on 4/17/2015.(jwt)
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Filing
55
MEMORANDUM DECISION granting 34 Motion to Intervene. Signed by Magistrate Judge David Nuffer on 12/28/2011. (asp)
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| Plaintiff: Kane County | |
| Represented By: | Mark L. Burghardt |
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| Defendant: USA | |
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