United States v. Park

McKEOWN, Circuit Judge:

Ron and Mary Park own and operate a dog kennel, Wild River Kennels, on property along the Clearwater River in Idaho. Their property is subject to a scenic easement that was granted to the United States, which prohibits commercial activity but permits livestock farming. In this appeal, we are asked to determine the unusual question whether dogs are “livestock.” Despite a gut inclination that the answer might be “no,” resolution of the issue is not so clear, thus precluding summary judgment at this stage of the proceeding. As it turns out, the term “livestock” is…