United States v. Milner
United States Court of Appeals for the Ninth Circuit
583 F.3d 1174 (2009)

- Written by Alex Ruskell, JD
Facts
Milner (defendant) and other littoral property owners erected shoreline defense structures to protect their land. Due to erosion, the ambulatory boundary of the tideland property intersected the structures. The Lummi Nation held title to the tidelands, with the United States acting as trustee. The United States sued the property owners for trespass, and the court ordered the property owners to remove their defenses. The property owners appealed, arguing that their defenses were not subject to trespass law under the common-enemy rule.
Rule of Law
Issue
Holding and Reasoning (Fletcher, J.)
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