Lawsuit Filed to Cement Legality of Corner Crossing in Montana

[elkduds]

Already BHA member, just joined PLWA. It was easy, and they even accepted a Colorado greenie.

 

[MT Super Puncher]

Hypothetical - but if the 9th circuit were to rule against this lawsuit - would the supreme court be more likely to take this case or the iron bar case and rule on it?

This is in state court. Only way the 9th circuit would hear it is if the state removes it to federal court.

While they mention the UIA, they don’t appear to make any claims under federal law so I’m not sure there’s a good basis for removal.

 

[SAJ-99]

Hypothetical - but if the 9th circuit were to rule against this lawsuit - would the supreme court be more likely to take this case or the iron bar case and rule on it?

@Elky Welky can correct me but we are a long way from that. This is a state court issue. First ? Is if we get injunctive relief. Someone would have to challenge to change venues to federal court?

To muse on the question. I think this SCOTUS is most likely to say something along the lines of “this was a problem created by government actions so it needs to be fixed the governments action” and side with private property.

I still think it is an issue of whether you can prosecute someone for violating airspace without a claim to damages. This has been in question since the invention of the airplane. That is what violates the UIA.

 

[Alpine01]

@Elky Welky can correct me but we are a long way from that. This is a state court issue. First ? Is if we get injunctive relief. Someone would have to challenge to change venues to federal court?

My guess would be an appeal to the 9th regardless of how the state court rules as either losing side will want to get a higher opinion/clarity. If 9th upholds/rules that CC is illegal, now you have a conflict between the 10th and the 9th and SCOTUS would have to settle it, assuming the aggrieved parties choose to pursue it that far. This is going to be a several-year process in all likelihood. Just my $0.02 though.