Legal Opinion
McFarland v. Norton
Court of Appeals for the Ninth Circuit
Decided October 11, 2005No. 03-35831PublishedCited by 15 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We are asked to decide whether a landowner can prove that he has an easement over a federally-owned road to his property within Glacier National Park in Montana and whether the National Park Service arbitrarily and capriciously denied his request for a special use permit to use the road during the winter time.
I
In 1916, Charles F.W. Schoenberger received title under the Homestead Act to an 89-acre parcel in Montana. The parcel was within the boundaries of the Glacier National Park and was used as a year-round subsistence homestead. In 1984, John James McFarland…
2Cases cited8 opinions
- Jones-Hamilton Co., a California Corporation v. Beazer Materials & Services, Inc. Kop-Coat, Inc., a Pennsylvania Corporation Koppers Company, Inc.Court of Appeals for the Ninth Circuit · 1992
- Daniel Lesoeur v. United StatesCourt of Appeals for the Ninth Circuit · 1994
- Michel v. United StatesCourt of Appeals for the Ninth Circuit · 1995
- State of California, Ex Rel., State Land Commission v. Yuba Goldfields, Inc.Court of Appeals for the Ninth Circuit · 1985
- Roy Hunter v. United StatesCourt of Appeals for the Ninth Circuit · 1967
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Robinson v. United StatesCourt of Appeals for the Ninth Circuit · 2009
- Kingman Reef Atoll Investments, L.L.C. v. United StatesCourt of Appeals for the Ninth Circuit · 2008
- George v. United StatesCourt of Appeals for the Tenth Circuit · 2012
- Skranak v. CastenadaCourt of Appeals for the Ninth Circuit · 2005
- Mcfarland v. NortonCourt of Appeals for the Ninth Circuit · 2005
10 more not listed; retrieve them via the Exa API.