Legal Opinion
McFarland v. Kempthorne
Court of Appeals for the Ninth Circuit
Decided October 2, 2008No. 06-36106PublishedCited by 52 opinions
1Opinion of the Court
RAWLINSON, Circuit Judge:
Appellant John J. McFarland (McFarland) contends that the district court erred in granting the defendants’ motion for summary judgment. He asserts that he is entitled to an easement over Glacier Route 7 to access his property that is surrounded by Glacier National Park. Because McFarland cannot claim a common-law easement over federal land and because the National Park Service’s (Park Service) denial of his permit request was neither arbitrary nor capricious, and was in accordance with governing law, we affirm the decision of the district court.
I. FACTS AND PROCEDURAL…
2Cases cited24 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- United States v. Standard Oil Co. Of CaliforniaSupreme Court of the United States · 1947
- United States Postal Service v. GregorySupreme Court of the United States · 2001
- Humphreys v. McKissockSupreme Court of the United States · 1891
- 96 Cal. Daily Op. Serv. 3162, 96 Daily Journal D.A.R. 6933 Bicycle Trails Council of Marin, a California Nonprofit Corporation Bicycle Trails Council of the East Bay, a California Nonprofit Corporation International Mountain Bicycling Association, a California Nonprofit Corporation League of American Wheelmen, a Maryland Nonprofit Corporation v. Bruce Babbitt, Secretary of the Interior James M. Ridenour, Director of the National Park Service Brian O'neill, General Superintendent of the Golden Gate National Recreation Area, Bay Area Trails Preservation Council Marin Horse Council Tamalpais Conservation Club Sierra Club and National Parks and Conservation Association, All Nonprofit Corporations, Defendants-Intervenors-AppelleesCourt of Appeals for the Ninth Circuit · 1996
19 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Drakes Bay Oyster Company v. Sally JewellCourt of Appeals for the Ninth Circuit · 2013
- San Luis & Delta-Mendota Water v. Natural Resources Defense CounCourt of Appeals for the Ninth Circuit · 2014
- San Luis & Delta-Mendota Water v. Pacific Coast Federation Etc.Court of Appeals for the Ninth Circuit · 2014
- Ecology Center v. CastanedaCourt of Appeals for the Ninth Circuit · 2009
- Lyon v. Gila River Indian CommunityCourt of Appeals for the Ninth Circuit · 2010
47 more not listed; retrieve them via the Exa API.