Legal Opinion
State of New Mexico v. Morton
District Court, D. New Mexico
Decided February 28, 1975No. Civ. A. 74-127PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
This action came before the three-judge district court seeking an injunction against the enforcement of the Wild Free-roaming Horses and Burros Act, 16 U.S.C. §§ 1331-1340, as being unconstitutional. Jurisdiction of this court is established under sections 1331, 2282, and 2284 of Title 28, U.S.C.
The controversy involved here began when a New Mexico rancher, Kelley Stephenson, discovered several unbranded and unclaimed burros wandering on his private land, and also on public land on which he grazed his cattle pursuant to federal grazing permits. The burros were molesting his…
2Cases cited15 opinions
- Toomer v. WitsellSupreme Court of the United States · 1948
- Utah Power & Light Co. v. United StatesSupreme Court of the United States · 1917
- Missouri v. HollandSupreme Court of the United States · 1920
- Geer v. ConnecticutSupreme Court of the United States · 1896
- Camfield v. United StatesSupreme Court of the United States · 1897
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kleppe v. New MexicoSupreme Court of the United States · 1976
- United States v. Donald Wayne HughesCourt of Appeals for the Ninth Circuit · 1980
- Mountain States Legal Foundation v. HodelCourt of Appeals for the Tenth Circuit · 1986
- Mountain States Legal Foundation v. HodelCourt of Appeals for the Tenth Circuit · 1986
- Wild Horse Observers Ass’n v. N.M. Livestock Bd.New Mexico Court of Appeals · 2022