Kane County v. United States

MEMORANDUM DECISION AND ORDER

CLARK WADDOUPS, District Judge.

INTRODUCTION

Plaintiff Kane County, Utah seeks to' quiet title to fifteen roads that cross lands owned by the United States.1 Kane County asserts the roads are public highways under R.S. 2477 and it is the owner of the rights-of-way. The United States has challenged the court’s jurisdiction to hear claims on nine of the roads because it claims there is no case or controversy about them. The Southern Utah Wilderness Alliance (“SUWA”), as amicus curiae, has also challenged the court’s jurisdiction based on the statute of limitations.…