Legal Opinion
United States v. Gates of the Mountains Lakeshore Homes, Inc., and Mountain States Telephone & Telegraph Company, Defendants-Intervenors-Appellees
Court of Appeals for the Ninth Circuit
Decided May 8, 1984No. 83-4041PublishedCited by 13 opinions
1Opinion of the Court
GOODWIN, Circuit Judge.
The United States appeals from a determination that its property rights are not violated by a power line laid along a road traversing public land. We reverse.
The American Bar Road, which crosses the Helena National Forest, provides access to Gates of the Mountain Lakeshore Homes, a residential subdivision in Lewis and Clark County, Montana. In 1975, the Montana Power Company applied to the Forest Service for permission to run a powerline to the subdivision beneath the road. After conducting an environmental analysis, the Forest Service denied the application on the…
2Cases cited8 opinions
- Utah Power & Light Co. v. United StatesSupreme Court of the United States · 1917
- United States v. OregonSupreme Court of the United States · 1935
- Winona & St. Peter Railroad v. BarneySupreme Court of the United States · 1885
- United States v. Oklahoma Gas & Electric Co.Supreme Court of the United States · 1943
- Central Pacific Railway Co. v. Alameda CountySupreme Court of the United States · 1932
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sierra Club v. HodelCourt of Appeals for the Tenth Circuit · 1988
- Southern Utah Wilderness Alliance v. Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2005
- Western Aggregates, Inc. v. County of YubaCalifornia Court of Appeal · 2002
- Adams v. United StatesCourt of Appeals for the Ninth Circuit · 1993
- Fitzgerald v. United StatesDistrict Court, D. Arizona · 1996
8 more not listed; retrieve them via the Exa API.