Garfield Cnty. v. United States

Judge Voros, dissenting:

¶ 39 I respectfully dissent. The majority opinion employs the absurdity doctrine to override the plain meaning of section 201 on the ground that it would yield a result so overwhelmingly absurd that no rational legislator could have intended it. But the claimed absurd result-that Utah would enjoy rights of way granted by the United States without a judicial remedy for quieting title to them against the United States-was the prevailing law nationwide for 106 years, from the passage of the Mining Act in 1866 until the passage of the Quiet Title Act in 1972.

¶ 40 For this…