Scribd Logo
Upload

Welcome to Scribd!

  • UC Messenger - Riparian Rights - Federal Court Lawsuit

    Uploaded by

    F. Al Hamilton
    21 views3 pages
    Union City Messenger non-fictional newspaper article on Reelfoot Lake Landowners Riparian Rights

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Union City Messenger non-fictional newspaper article on Reelfoot Lake Landowners Riparian Rights

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    21 views3 pages

    UC Messenger - Riparian Rights - Federal Court Lawsuit

    Uploaded by

    F. Al Hamilton
    Union City Messenger non-fictional newspaper article on Reelfoot Lake Landowners Riparian Rights

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 3
    ‘Www.ucmessenger. a | ? rs vu & e not 3 ol ce e 3 = i pe oy Ba = = MAY 17, 2004 Fy iD a py Es FA in is > [4 (3) Fa iS z Ey ‘Tennessee Nutrition Consumer Education Program, the Obion Friends and Neighbors section. Federal court trial could decide riparian rights issue at Reelfoot By JOHN BRANNON, Messenger Seat Reporter ‘What begun as a raid by state officials to remove unregistered sucke blinds at Reelfoot Lake in November 1997 now looms es a federal cout case that could decide the volatile issue of riparian rights ‘A Nov. 14 trial date has been set in U.S. District Court in Jackson for a lawsuit that was originally filed on Sept. 24, 1098, by Reelfoot Lake fishing and hunting guide Gary Amett of Samburg. Defendants are Gary Myers, executive director of the osseo Wildlife Resources ‘Agency (TWRA); all members (of the Tennessee” Wildlife Re~ sourees Commission (TWRO): four TWRA officers; and one employee of the state Depart- ment’ of Environment and Conservation, "The cace will be heand by fed- cal Judge James ‘Todd and & six-member jury. Ht will be the second time around for Todd, He initially hheerd the case in 1999. In an order dated Oct. 21, 1999, he denied Ameu's plea for injunc- tive relief and granted the defen- dants sammary judgmeat. However, Amett appealed to the U.S. Sixth Circuit Court of Appeals in Cincinnati, In an ‘order dated April 10. 2002, a (Historical facts in the case | Here ate some historical facts relevant to the lawsuit fled by| | Reelfoot take fishing and hunting guide Cary Arne | /e3'in 1913, in a lawuit styled as “Cates v. Tennesoeo Land Company” the Temnesgee Supene Court ruled tat Recloot Lake | fSanavigable steam, in the stct technical sense” meaning chat | prvate owrershipof ether is waters o the land underlying tem | ot penaiied 1 3 Ete its navigable inthe echnical sense, the sights ofthe public tach tot, toss tse and (ts fisheries, 30 that Tes nex | able of private waership and tbe slate owns iin ust for all he | Prople, and cannot alienate it away,” the com sai "Reclfout Lake was formed by earthquakes in 1811-12 and the resulta beckfiow of the Mssssipp River "The result of the earthquakes was to lower the land upon wich the Waters Of the lake rest several feet below the surrounding lands. The submer- ents ofthe land by the Misiipp! River caried down te forest Kimber proving upon i, and these imbers and their remsins ae Gee Page 7, Col. 2) three judge panel reversed Todd interested in this?” he said, “T and remanded the case to him suggest you attend the trial for wil. ‘Arnett is joined in the lawsait “Gentine issues for trial exist by his wife, Shelly, 2 school in this case,” federal Judge Tom teacher and Republican candi- Stagg said fn writing the panels date for state representative in opinion. District 77, and their son, John The issues, Stage said, Paul Amet include “whether the Arnetis ‘The genesis of the lawsuit is have constiuiGonslly protected this: In the petiod Nov. 12-14, riparian rights pursuant to a 1997, TWRA agents removed Doherty land grant that have nine unregistered — aid there- been Violated “by the defen- fore illegal — duck blinds from dans.” the lake Recently, when contacted by Arnot asserts his family The Messenger, Amott declined owned three of the blinds; one to comment. “Why are you (See Page 7, Col. 1) + ‘The Messenger, Union City, Teancssce, Monday, May 17. 2004 Federal... (Continued from Page One) in the Cranetown area was his, one in the Net Raft area’ was Rstng Pond ort ‘wes Tobe i area ‘was Jobn Poul Amew’s. Re asserts is family derived a Significant source ‘of their income from the three blinds, charging fees to hunters and sightseeing tourists alike, He also said he had spent “considerable time and money” repairing the duck Blinds and getting them ready for the Upcoming waterfow season. He asserts that the taking of the duck blinds by TWRA. gzents ‘operating “under color of Taw” cle his fay vl igs and property rights. He also asserts that TWRA agents seized his family’s duck blinds as retaliation for his pab- lic criticism of TWRA'S man- agement of Reelfoot Lake. of hr ist Armncinet rights he sai Ameit owns Gary's Guide Service, a business that ater to Visiting sport fishermen and waterfowl humers cach year Shelly Amett also operates a guide business, eading tours on Reetfoot Lake to watch migrat- ing waterfowl and eagles. oth businesses are operated out of the Armetts™ home: in Samnburg. ‘The lot adoins Reetfoot Lake ‘on the southeastem shore. How ever, Amett asserts his property does not stop atthe shoreline bit continues underneati the water for an ‘unspecified distance. ‘hus. the source of Arnett claim of paren rights. inte oneal lt Jackson ‘nd in later arguments before the tree-judge panel at the Cincin- nati appeals court, Amett was represented by Lance Webb of Union City, Shelly “Arve by Prince of Union City ue John aul Arne by Chores of Union City. Myers and other’ TWRAoffcits and Robert Baker of TDEC were represented by attorneys in the Office ofthe Atiomey General ‘Today, the Ametis are repre- sented by Memphis attorney Robert Fargason and the state is represented by the Jackson law firm of Spragins. Bamett. Cobb and Butler. In the original pleading, ‘Arnett sought certain injunctive ‘relief, meaning he asked the fed- ceral court at Jackson to issue an njenction against TWRA and TWRC officials. The court denied the request. ‘Now, according to his current attorney. Fargason, Amett is not ‘only asking for atiomey’s fees ‘but also for unspecified punitive “How much? 1°4 rather not say,” Rargason told The Mescen- ger. “He's also clsiming dam- ‘ages for destruction of duck biinds and for (the state) not per- ritting him to exercise his ripar- ian rights.” + Fargason said the lawsuit con- sists of two primary issues —— [property Fights ia duck blinds 2nd landowners aims to ripart ‘an rights all around the lake. ‘Gary Amett claims he has a Jw water mark deed, that he has riparian rights and he has certain ‘Aghts to conduct aquaculre in his water” Fargasoa said. “He's been deprived of those riparian rights by the TWRA and the State of Tennessee. That's what ital aout These denis be has. any property rights in

    You might also like