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This
Website is Dedicated to
Alvin
Alexander Cheyne
January
10, 1921 - June 17, 2005
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Information You Need To Know
About -
Klamath Irrigators
"Taking" Suit in the U. S. Federal Court of Claims:
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Earthjustice Press Release:
Court
Dismisses Klamath Irrigators' Demand for Taxpayer Handout
Mar 16, 2007
Read: Today's
decision rejecting the irrigators' contract claim
AP:
Klamath
irrigators lose U.S. court ruling Mar 16, 2007
Marzulla Law Firm:
Oregon High Court Agrees to Decide Klamath
Water Suit Issues Jan 29, 2009
Herald and News:
Court to hear water case -
Oregon Supreme Court to consider issues involving Klamath irrigators
Jan 30, 2009
Herald and News:
State supreme court plans hearing in Klamath
Falls April 4, 2009
Herald and
News:
Oregon Supreme Court in Klamath -
Justices to hear case on 2001 water crisis this week
May 10, 2009
KDRV Medford, OR:
Ore. Supreme Court in K. Falls to hear water
crisis lawsuit May 13, 2009
Herald and News:
Supreme Court in Klamath - Court asked to
interpret water law May 14, 2009
Contra Costa Times:
Court orders government to pay for water
losses - Decision could open door for more districts to seek payment
for water shifted to fish Oct 3, 2009
Oregon Supreme Court:
S056275 Klamath Irrigation District v. United
States Mar 11, 2010
AP:
Oregon Supreme Court punts on Klamath water
claims Mar 11, 2010
AP:
Oregon high court says Klamath Basin
farmers may be entitled to payment over water
Mar 11, 2010
Herald and News:
Court
gives lawsuit new life - Oregon
high court rules irrigators have a property interest Mar
12, 2010
Marzulla Law, LLC Press
Release:
Klamath Water Users Win Big in Oregon Supreme
Court’s Ruling Mar 12, 2010
Herald and
News:
Decision on 2001 water lawsuit could take
6 months - U.S.
Court of Appeals heard case Thursday
Nov 19, 2010
WaterWorld:
Court considers key question in
Klamath water case Nov 18, 2010
United States Court of Appeals for the
Federal Circuit:
KLAMATH IRRIGATION
DISTRICT, TULELAKE IRRIGATION DISTRICT, KLAMATH
DRAINAGE DISTRICT, POE VALLEY IMPROVEMENT
DISTRICT, SUNNYSIDE IRRIGATION DISTRICT, KLAMATH
BASIN IMPROVEMENT DISTRICT, KLAMATH HILLS
DISTRICT IMPROVEMENT CO., MIDLAND DISTRICT
IMPROVEMENT CO., MALIN IRRIGATION DISTRICT,
ENTERPRISE IRRIGATION DISTRICT, PINE GROVE
IRRIGATION DISTRICT, WESTSIDE IMPROVEMENT
DISTRICT NO. 4, SHASTA VIEW IRRIGATION DISTRICT,
VAN BRIMMER DITCH CO., FRED A. ROBISON, ALBERT
J. ROBISON, LONNY E. BALEY, MARK R. TROTMAN,
BALEY TROTMAN FARMS, JAMES L. MOORE, CHERYL L.
MOORE, DANIEL G. CHIN, DELORIS D. CHIN, WONG
POTATOES, INC., MICHAEL J. BYRNE, DANIEL W.
BYRNE, AND BYRNE BROTHERS,
Plaintiffs-Appellants, v. UNITED STATES,
Defendant-Appellee, and PACIFIC COAST FEDERATION
OF FISHERMEN’S ASSOCIATIONS, Defendant-Appellee.
Decision Feb 17, 2011
San Francisco Chronicle: Marzulla
Law, LLC Highlights Federal Takings Litigation in New Monthly
Newsletter Apr 29, 2011
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Plaintiffs':
Klamath
Irrigation
Defendant: United States of
District et
al.
America
| Original
Complaint for Just Compensation and Damages Oct. 11, 2001 |
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Takings: Motion of Plaintiffs to Certify Individual Water Users as a Class Oct.
11, 2001 |
JOINT
PRELIMINARY STATUS REPORT
February 4, 2002
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MEMORANDUM
OF PLAINTIFFS KLAMATH IRRIGATION DISTRICT ET AL.
IN
SUPPORT OF MOTION FOR CERTIFICATION OF CLASS Oct. 11, 2001
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JOINT
REPORT RESPONDING TO COURT’S ORDER OF
MARCH 26, 2003 April 24, 2003 |
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PLAINTIFFS’
MOTION TO HOLD IN ABEYANCE MOTION
FOR CLASS CERTIFICATION
October 11, 2001 |
(CORRECTED)
SUPPLEMENTAL JOINT PRELIMINARY STATUS REPORT September 16, 2003
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MOTION
OF PLAINTIFFS, KLAMATH IRRIGATION DISTRICT ET AL., FOR
LEAVE TO AMEND COMPLAINT Jan. 03
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PLAINTIFFS’
MEMORANDUM SUPPORTING THEIR MOTION FOR
LEAVE TO AMEND COMPLAINT Jan. 03
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DEFENDANT'S
PROPOSED FINDINGS OF UNCONTROVERTED FACT October 3, 2003 |
| AMENDED
COMPLAINT FOR JUST COMPENSATION AND DAMAGES
Jan. 03 |
DEFENDANT'S
RESPONSE TO PLAINTIFFS' REVISED
PROPOSED FINDINGS OF UNCONTROVERTED FACT October 3, 2003 |
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Motion
for summary judgment - no electronic form on actual motion available
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DEFENDANT'S
CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT AND OPPOSITION TO PLAINTIFFS' MOTION
FOR PARTIAL SUMMARY JUDGMENT October 3, 2003
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| MEMORANDUM
SUPPORTING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
July 7. 2003 |
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Affidavits:
DECLARATION
OF S.T. WALDRIP
- Klamath Hills July, 03
SECOND
DECLARATION OF ALBERT J. ROBISON - Land owner in TID July, 03
DECLARATION
OF EARL DANOSKY - TID Manager July, 03
DECLARATION OF BILL
ESSIG - Enterprise July, 03
DECLARATION OF JAMES
L. MOORE - Land owner
DECLARATION OF TOM
DEJONG - KBID July, 03
DECLARATION OF
FRANK ANDERSON - Midland District July, 03
DECLARATION OF BILL
MOORE - Sunnyside July, 03
SECOND DECLARATION OF
GARY D. OREM - Van Brimmer July, 03
SECOND
DECLARATION OF JAMES L. MOORE - Van Brimmer President July, 03
SECOND
DECLARATION OF STEVEN L. KANDRA - President of Westside ID July, 03
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PLAINTIFFS’
RESPONSE TO DEFENDANT’S
PROPOSED
FINDINGS OF UNCONTROVERTED FACT Oct. 27, 2003
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PLAINTIFFS’
REPLY TO DEFENDANT’S OPPOSITION TO
PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT Oct. 27, 2003
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| ADDENDUM |
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| Francis M.
Allegra, Judge Motion Order December 17th, 2004 |
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| KID et al. Amicus Brief in the Orff Supreme Court Case
November 26, 2004 |
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| Plaintiffs'
Proposed Findings of Uncontroverted Fact - Filed March 14, 2005 |
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Memorandum
In Support Of Plaintiffs' Motion For Partial Summary Judgement On The
Standings Of The Districts To Bring These Claims On Behalf Of Their
Water Users - Filed March 14, 2005 |
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Plaintiffs'
Motion for Partial Summary Judgment On The Standings Of The Districts To
Bring These Claims On Behalf Of Their Water Users - Filed March
14, 2005 |
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Plaintiffs'
Supplemental Brief On Recent Authorities Regarding The Nature Of The
Property Right - Filed March 14, 2005 |
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| Judge Francis M. Allegra: Final
Decision In The United States Court of Federal Claims No.
01-591 L KLAMATH IRRIGATION DISTRICT,
et al.,Plaintiffs,
v.THE UNITED STATES, Defendant, PACIFIC COAST FEDERATION OF
FISHERMEN’S ASSOCIATIONS, Defendant (Filed:
August 31, 2005) |
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| Ganong: Takings Case: What Now?
Sept 9, 2005 |
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PLAINTIFFS’
MOTION TO CERTIFY FOR INTERLOCUTORY APPEAL OR, IN THE ALTERNATIVE FOR
ENTRY OF JUDGMENT UNDER RULE 54(B) Filed October 21, 2005 |
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| PLAINTIFFS’
MEMORANDUM SUPPORTING
MOTION TO CERTIFY INTERLOCUTORY APPEAL
OR, IN THE ALTERNATIVE, FOR ENTRY OF
JUDGMENT UNDER RULE 54(b) Filed
October 21, 2005 |
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AMICUS CURIAE "Friend of the Court" Briefs and Motions:
| MOTION
OF THE KLAMATH TRIBES AND THE YUROK TRIBE FOR LEAVE
TO
FILE A MEMORANDUM AS AMICUS CURIAE September 26, 2003 |
MOTION
OF NATURAL RESOURCES DEFENSE COUNCIL FOR LEAVE TO FILE
MEMORANDUM
AMICUS CURIAE IN SUPPORT OF THE UNITED STATES
OPPOSITION
TO PLAINTIFFS
MOTION FOR PARTIAL SUMMARY JUDGMENT October 3, 2003
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| DECLARATION
OF COUNSEL FOR YUROK TRIBE
IN
SUPPORT OF BRIEF OF AMICUS CURIAE September 26, 2003 |
MEMORANDUM
AMICUS CURIAE OF NATURAL RESOURCES DEFENSE COUNCIL IN SUPPORT OF THE
UNITED STATES’ OPPOSITION TO PLAINTIFFS’
MOTION FOR PARTIAL SUMMARY JUDGMENT
October 3, 2003 |
| BRIEF
OF AMICUS CURIAE YUROK TRIBE AND KLAMATH TRIBES
IN
OPPOSITION TO PLAINTIFFS’ REVISED MOTION
FOR
PARTIAL SUMMARY JUDGMENT September 26, 2003 |
BRIEF
OF AMICI CURIAE of Central San Joaquin Water Conservation District
In Support of Petitioner Orff
Supreme Court case on behalf of Klamath Irrigation District, et al.
November 26, 2004 |
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Judge
Allegra: Order
To Let PCFFA Intervene
February
28, 2005
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