Montana Wilderness Ass'n v. United States Forest Service

NORRIS, Circuit Judge:

Environmentalists and a neighboring property owner seek to block construction by Burlington Northern of roads over parts of the Gallatin National Forest. They appeal from a partial summary judgment in the district court granting Burlington Northern a right of access to its totally enclosed timberlands. Montana Wilderness Association v. United States Forest Service, 496 F.Supp. 880 (D.Mont.1980). The district court held that Burlington Northern has an easement by necessity or, alternatively, an implied easement under the Northern Pacific Land Grant of 1864. Id. at 883-88.…