In an action against the U.S. for encroachment onto plaintiffs' easement, the dismissal of the action for lack of subject matter jurisdiction under the Quiet Title Act is vacated where the district court needed to determine whether plaintiffs could assert jurisdiction under the Federal Tort Claims Act.
Argued and Submitted April 17, 2009
Filed November 2, 2009
Opinion by Judge Nelson
Joseph P. Mascovich, Randolph Cregger & Chalfant LLP, Sacramento, CA
Tamara N. Rountree, Environment & Natural Resources Division, U.S. Department of Justice, Washington, DC