Commercial Litigation and Arbitration

“RICO Was Intended to Combat Organized Crime, Not to Provide a Federal Cause of Action and Treble Damages to Every Tort Plaintiff” — Good Quote

Boar, Inc. v. County of Nye, 499 Fed. App’x 713 (9th Cir. 2012):

In 2007, Karl and Maverick Snowdon purchased a parcel of land located on 3271 S. Homestead Road in Pahrump, Nevada that they intended to commercially develop. Over the following years, however, the Snowdons would repeatedly be dismayed to discover that there were various statutory requirements and fees expected for the development of a commercial property in Nye County, Nevada. Believing that these requirements were inconsistently imposed by the County, and that their property development was being intentionally delayed, the Snowdons filed suit in federal district court alleging that the County committed numerous constitutional violations, a civil RICO violation, and the state torts of negligence and civil conspiracy. The district court granted the County's Motion for Summary Judgment with regard to all of the Snowdons' claims other than the Snowdons' takings claim, which the district court dismissed for lack of subject matter jurisdiction. The Snowdons timely appeal, and we AFFIRM the judgment of the district court. ***

C. The Snowdons Have Not Presented a Material Issue of Fact That a RICO Violation Has Taken Place.

The Snowdons neither raised a material issue of fact regarding a predicate offense under the Racketeer Influenced and Corrupt Organization Act, nor a pattern of racketeering activity supporting a RICO violation. Swartz v. KPMG, LLP, 476 F.3d 756, 760-61 (9th Cir. 2007); Walter v. Drayson, 538 F.3d 1244, 1247 (9th Cir. 2008). RICO was "intended to combat organized crime, not to provide a federal cause of action and treble damages to every tort plaintiff." Oscar v. Univ. Students Coop. Assn., 965 F.2d 783, 786 (9th Cir. 1992) abrogated on other grounds by Diaz v Gates, 420 F.3d 897 (9th Cir. 2005).

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