Legal Opinion
United States v. Tommy A. Srnsky David M. Srnsky
Court of Appeals for the Fourth Circuit
Decided November 29, 2001No. 01-1163PublishedCited by 14 opinions
1Opinion of the Court
Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILLIAMS and Judge MICHAEL joined.
OPINION
LUTTIG, Circuit Judge.
Tommy and David Srnsky appeal a district court order requiring them to apply for a Forest Service special use permit in order to use a 2.6 mile road through the Monongahela National Forest, which provides the sole access to their home. The district court held that the Srnskys have neither an express nor an implied easement to use the road. In reaching that conclusion, however, the district court failed to consider whether West Virginia common…
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3Cited by14 opinions
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