Legal Opinion
United States v. Park
District Court, D. Idaho
Decided September 11, 2009No. Civil 05-0213-N-EJLPublished
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
EDWARD J. LODGE, District Judge.
On March 17-19, 2009, the Court held a bench trial in this matter. Having reviewed the record in this matter, the Court is now prepared to issue its Memorandum Decision and Order.
Findings of Fact
1. The Ninth Circuit remanded this case for further proceedings after determining the term “livestock farming” contained in a scenic easement was an ambiguous term. United States v. Park, 536 F.3d 1058 (9th Cir.2008).
2. Currently, there are approximately 240 landowners with easement encumbered properties on the Middle Fork Clearwater, Lochsa…
2Cases cited8 opinions
- Werry v. Phillips Petroleum CompanyIdaho Supreme Court · 1975
- Benninger v. DerifieldIdaho Supreme Court · 2006
- Brown v. PerkinsIdaho Supreme Court · 1996
- Farnsworth v. Dairymen's Creamery Ass'nIdaho Court of Appeals · 1994
- Boland v. CecilCalifornia Court of Appeal · 1944
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