Kootenai Canyon Ranch, Inc. v. United States Forest Service

ORDER

I. INTRODUCTION

A. Procedural Background

This case involves a dispute over a right-of-way easement granted by Plaintiffs predecessor in interest to the U.S. Forest Service in 1965. The United States has moved to dismiss the complaint for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1). In so doing, it submitted declarations and other documents outside of the pleadings. In response, the Plaintiff also submitted affidavits, maps, photos and other documents. The United States then moved to strike certain paragraphs from two of Plaintiffs affidavits because they were not…