United States v. Gates of the Mountains Lakeshore Homes, Inc.

MEMORANDUM OPINION

BATTIN, Chief Judge.

This matter is before the Court on cross motions for summary judgment. The United States brought this action to enjoin defendants from the use of two roadways within the Helena National Forest — the American Bar and the Hoffman Cutoff— for an underground electrical power line. The United States also seeks declaratory relief as to the scope of the federal grant that permitted creation of the American Bar roadway, under the Act of July 26, 1866, 14 Stat. 253, R.S. 2477, 43 U.S.C. § 932 (1970 ed.). Jurisdiction is predicated on 28 U.S.C. § 1345.

The Court has…