Legal Opinion

Fitzgerald v. United States

District Court, D. Arizona

Decided May 24, 1996No. Civ. 94-0518 PHX CAMPublishedCited by 16 opinions

1Opinion of the Court

ORDER

MUECKE, District Judge.

Having considered the pleadings filed concerning the cross motions for summary judgment, the Court concludes as follows:

INTRODUCTION

This lawsuit involves the issue of what type of access must be provided to private land surrounded by National Forest Systems land. The parties agree that plaintiffs have a right of access to their inholdings over Forest Service land. The type and extent of that access, and whether the access can be restricted or regulated form the basis of the dispute in this lawsuit.

FACTS

The following facts are undisputed:

Plaintiffs Raymond and Nancy…

2Cases cited13 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. The Hopi Tribe, Plaintiff-Appellee-Cross-Appellant v. The Navajo Tribe, Defendants-Appellants-Cross-Appellees v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1995
  4. Adams v. United StatesCourt of Appeals for the Ninth Circuit · 1993
  5. State of Utah v. AndrusDistrict Court, D. Utah · 1979

8 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Southern Utah Wilderness Alliance v. Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2005
  2. McFarland v. KempthorneCourt of Appeals for the Ninth Circuit · 2008
  3. Fitzgerald Living Trust v. United StatesCourt of Appeals for the Ninth Circuit · 2006
  4. Southwest Four Wheel Drive Ass'n v. Bureau of Land ManagementDistrict Court, D. New Mexico · 2003
  5. Southern Utah Wilderness Alliance v. Bureau of Land ManagementDistrict Court, D. Utah · 2001

11 more not listed; retrieve them via the Exa API.

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