Montana corner crossing lawsuit.

[velvet muley]

Backcountry Hunters and Anglers Sues Montana FWP Over Corner Crossing

Two conservation groups filed a joint lawsuit in Montana Thursday over corner crossing, which the state has maintained is illegal.

www.outdoorlife.com

Here we go, fingers crossed.

 

[T-Rex]

Hopefully they hired the same lawyer

 

[Ucsdryder]

A lot of people have given BHA a hard time, myself included, but kudos to them and thank you.

 

[jjordan355]

Hopeful on this. Opens up quite a bit of land to hunt for us that do the public land struggle every year.

 

[letsmeetup]

if ever there is a time to press this issue and if needed appeal all the way up to SCOTUS, it's now. Hopefully Court finds they have standing to survive motions to dismiss.

 

[velvet muley]

I think with the 9th circuit already siding on the side of hunters there is a reasonable chance to get this thing done, as there has been a precedence set by the supreme court.

This would be huge for hunting in Montana.

 

[letsmeetup]

I attached the Complaint filed seeking injunctive relief for anyone who wants to read

 

[Jpsmith1]

Based on some of the topics here, I almost expected to find folks in here screaming about how this is bad for hunting and conservation and that we should think of the poor landowners and how their investment property values will be impacted.?

TIme to send BHA a check. Good on them.

 

[Axlrod]

I think with the 9th circuit already siding on the side of hunters there is a reasonable chance to get this thing done, as there has been a precedence set by the supreme court.

This would be huge for hunting in Montana.

The Supreme Court refusing to take the case doesn't create a national legal precedent. It doesn't mean they even agree with the lower courts ruling. It just lets the lower courts ruling stand, and it remains the law, but only within that specific court's jurisdiction. Also Wyoming is in the 10th circuit, Montana is in the 9th.
This lawsuit by BHA could end up before the 9th circuit, and hopefully rule in favor of corner crossing. If they rule against corner crossing, then the US Supreme Court would most likely settle it.

 

[Half Nocked]

I hope this happens!

 

[jmez]

The Supreme Court refusing to take the case doesn't create a national legal precedent. It doesn't mean they even agree with the lower courts ruling. It just lets the lower courts ruling stand, and it remains the law, but only within that specific court's jurisdiction. Also Wyoming is in the 10th circuit, Montana is in the 9th.
This lawsuit by BHA could end up before the 9th circuit, and hopefully rule in favor of corner crossing. If they rule against corner crossing, then the US Supreme Court would most likely settle it.

Be careful what you wish for. With the number of wealthy landowners against this I'm guessing it eventually end up in favor of the landowners.

 

[velvet muley]

The Supreme Court refusing to take the case doesn't create a national legal precedent. It doesn't mean they even agree with the lower courts ruling. It just lets the lower courts ruling stand, and it remains the law, but only within that specific court's jurisdiction. Also Wyoming is in the 10th circuit, Montana is in the 9th.
This lawsuit by BHA could end up before the 9th circuit, and hopefully rule in favor of corner crossing. If they rule against corner crossing, then the US Supreme Court would most likely settle it.

There is a precedence set weather the supreme court took it or not, the district court sided with the hunters and the supreme court by not taking it cemented the win for them.

Your right about the Wyoming being in the 10 circuit, I got my wires crossed there.

 

[Axlrod]

Be careful what you wish for. With the number of wealthy landowners against this I'm guessing it eventually end up in favor of the landowners.

I wasn't wishing for anything, just stating facts. I don't believe the US S.C. will side with us.

 

[Axlrod]

There is a precedence set weather the supreme court took it or not, the district court sided with the hunters and the supreme court by not taking it cemented the win for them.

Your right about the Wyoming being in the 10 circuit, I got my wires crossed there.

Ya not gonna argue it, you can look it up. Also It's precedent not precedence.
When the U.S. Supreme Court refuses to hear a case, it does not set a new legal precedent

 

[CMF]

I don't believe the US S.C. will side with us.

Why?

 

[Axlrod]

Why?

Just a gut feeling. I don't see them ruling against large land owners. Hope I'm wrong.

 

[jonesn3]

Following! Initially I would’ve been worried about a counter ruling in the 9th, but agree if there’s any time to press the topic/issue, it’s now. From what I’ve followed, I think in WY they had a really solid case which is a great leading example, and I’d only hope with the current bench at SCOTUS that they’d rule in our favor if it ever got that far.

 

[Dust Rider]

Not looking good when viewed with MT drone law. See attached article:

Drones enter Montana corner-crossing debate

Can a hunter in Montana legally access “corner-locked” public lan

bozemandailychronicle-mt.newsmemory.com