44hunter45
Well-known member
Not sure if I should be proud or embarrassed that I know the THX 1138 reference.
Corner crossing SCOTUS appeal
- Thread starter BuzzH
- Start date
After four years of legal battles, Fred Eshelman’s trespass lawsuit to block people from corner crossing to reach public property will land Oct. 17 on the U.S. Supreme Court conference table, where justices will likely consider a recent law-school graduate’s recommendation whether to take up the case.
The nine justices won’t necessarily be the first ones to scan the 388 pages filed in the case titled Iron Bar Holdings vs Bradley Cape. A clerk — an early career lawyer — will review the file initially, soon joined by two other clerk colleagues.
Before the justices mull Eshelman’s petition, these “three smart kids in their mid to late-20s are conducting the closest and most important reads,” according to Dan Schweitzer, an expert in Supreme Court processes. https://wyofile.com/early-career-cl...ll-first-review-wyoming-corner-crossing-case/
The nine justices won’t necessarily be the first ones to scan the 388 pages filed in the case titled Iron Bar Holdings vs Bradley Cape. A clerk — an early career lawyer — will review the file initially, soon joined by two other clerk colleagues.
Before the justices mull Eshelman’s petition, these “three smart kids in their mid to late-20s are conducting the closest and most important reads,” according to Dan Schweitzer, an expert in Supreme Court processes. https://wyofile.com/early-career-cl...ll-first-review-wyoming-corner-crossing-case/
BearLakeHunter
Member
For what it’s worth. My brother lives in Wyoming and is corner crossing the hell out of things for his hunts this year. Makes me smile.
Schaaf
Well-known member
Sounds like SCOTUS declined to hear the case.
www.outdoorlife.com
Supreme Court Declines to Hear Corner-Crossing Case
The U.S. Supreme Court declined to hear the corner crossing case, which began when four hunters from Missouri crossed a corner in Wyoming.
www.outdoorlife.com
obviously the case didn't deal with landlocked public and doesn't give clarity on landlocked public as far as i know.
certainly the conversation has probably bubbled up during this and if it's been talked about in greater detail i'm not remembering... but, one would think the UIA would also come into play when it comes to the public not having the ability access landlocked public, no?
certainly the conversation has probably bubbled up during this and if it's been talked about in greater detail i'm not remembering... but, one would think the UIA would also come into play when it comes to the public not having the ability access landlocked public, no?
elkduds
Well-known member
Thinking of the $millions Eshelman has spent losing control over our public lands for himself and so many other douchebag landowners makes me feel all warm inside.
Deeply grateful for the 4 Musketeers, their attorneys, BHA and everyone who supported corner Xing.
Deeply grateful for the 4 Musketeers, their attorneys, BHA and everyone who supported corner Xing.
The way the UIA reads yes but the way it's applied or interrupted may be a different story and someone has to bring a case we'll see if it will eventually happens.
Dougfirtree
Well-known member
Some very welcome good news! My crystal ball says that there will be folks testing this out in Montana very soon...
Yes(WY, CO, KS, OK, UT, NM) but it also sets a precedent for other states if the situation comes up and after seeing how bad this all went for the landowner I would be surprised if anyone really pressed it but people with a lot of money will do anything.
Elky Welky
Well-known member
It will be really interesting to see if the AG in MT tries to prosecute. They dropped one a couple of years ago, because I personally think they would rather get a ruling from SCOTUS and are afraid to make definitive precedent in MT.
For as long as it is unsettled law in MT, the AG and FWP get to keep people from corner crossing out of fear of prosecution. It's actually smart on their part. Make it a risk so people still refrain from doing it, but don't create precedent.
This is why I'm an advocate of taking civil action against a landowner illegally blocking a corner under the unlawful inclosures act. As a community we should be playing offense instead of defense.
WesternWyoming
Well-known member
- Joined
- May 10, 2021
- Messages
- 530
Gonna go find me a corner to cross!
Birddog916
Well-known member
Not going to lie part of me wanted them to hear the case to give closure to the reaming western states, but I'll take the win especially in New Mexico, Utah, and Colorado.
El Jason
Well-known member
Pure speculation on my part, but SCOTUS declining this case makes me believe it’s more likely for other circuits to follow the established precedent.
Birddog916
Well-known member
I sure hope so.
3855WIN
Well-known member
Appears you are correct.
birdseye
Member
Buzz H, if you read this, thanks for your (and others) hard work, sticking to it and keep us informed for what, 3-4 years?
In regards to Eshelman, well, Bye Fred
In regards to Eshelman, well, Bye Fred
VikingsGuy
Well-known member
Not sure why the odds are pretty good? Probably more a toss up. Circuits ignore one another all the time.
VikingsGuy
Well-known member
That's not how it works most of the time. The other circuits know there are many reasons for non-review beyond some type of silent approval.
Similar threads
