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Renard v. San Diego Unified Port District
Citation: 328 F. App'x 575Docket: No. 08-55412
Court: Court of Appeals for the Ninth Circuit; July 8, 2009; Federal Appellate Court
Daniel Renard's appeal of the district court's dismissal of his 42 U.S.C. § 1983 action has been reviewed and affirmed. The dismissal was based on failure to state a claim under Fed. R. Civ. P. 12(b)(6). The court held that Renard did not establish a state-created right to free long-term anchorage in San Diego Bay, as property interests must derive from state law, and there is no constitutional right to unregulated long-term anchorage in public navigable waters. His substantive due process claim was also dismissed because the asserted right to free long-term anchoring does not qualify as a fundamental right within the traditions and conscience of society. The court noted that claims not realleged in the operative complaint are waived, and new issues raised for the first time on appeal will not be considered. Renard's additional arguments were found to lack merit. The court's decision is affirmed without publication or precedent status, except as outlined by 9th Cir. R. 36-3.