WY Corner crossing update

[BuzzH]

Been some naysayers who believe this case will not set precedent, which is true if it doesn't go to a higher court outside Carbon County.

Looks like things may be changing.

Four hunters charged with trespassing in Carbon County seek a federal court where their case could resolve the legality of corner crossing to access 1.6 million acres of public land across the West.

An attorney for the four Missouri men filed a petition in U.S. District Court for Wyoming on March 22 asking that judges move a civil case against his clients from Wyoming’s Carbon County District Court to the federal venue. Iron Bar Holdings LLC, which owns Elk Mountain Ranch and is managed by North Carolina mega-millionaire Fred Eshelman, filed the civil case earlier this year.

Full story here:

Corner crossers reach for federal court, access to 1.6M Western acres - WyoFile

Four hunters sued for trespassing are asking that the civil complaint be moved from state to federal court where access laws set by Congress might better apply.

wyofile.com

 

[Squincher]

As I recall the "naysayers" corrected your delusional assertion that the county attorney dismissing the criminal charge would legitimize corner crossing, and said it needed to go to federal court to achieve anything. So they really weren't "naysayers" at all, they were right.

 

[Grumman]

Good I hope they are successful.


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[Squincher]

Good I hope they are successful.


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If the Feds agree to hear the case, I think there is a very good chance they will be successful. The best possible outcome would be for it to go through the appellate court to the Supreme Court, so the ruling applies to the entire country.

 

[roadrunner]

As it should be. A prissy fat-cat is denying the general public the benefit of federal public ground. The absurdity of the case is what would a "mega-millionaire" gain from a civil lawsuit violating airspace?

 

[LostArra]

Looks like the defense attorney made a nice counter to the landowner's civil suit. The landowner may regret the civil action.

Defense also asked for a jury trial probably to keep a single judge out of the decision similar to the grizzly huggers finding a sympathetic judge to block state management.

 

[Squincher]

As it should be. A prissy fat-cat is denying the general public the benefit of federal public ground. The absurdity of the case is what would a "mega-millionaire" gain from a civil lawsuit violating airspace?

Legally speaking, the civil case is kind of a head scratcher. I'm sure the idea behind it was to try to ruin the hunters financially as an additional deterrent in the future, but it provided the best route for the case to get into federal court. I suspect the landowner went forward with it against the advise of counsel. Unless, of course, the landowner was already assured the federal judge would refuse to hear the case.

 

[wind gypsy]

Hopefully the feds take it. I'm glad the financial threat hasn't forced the hunters to settle yet.

 

[307]

Any idea on a timeline for this decision?

 

[Sccritterkiller]

Being this is the civil case can it not it be with drawn by the plaintiff to avoid a jury trial assuming the US District Court grants the petition?

 

[BuzzH]

As I recall the "naysayers" corrected your delusional assertion that the county attorney dismissing the criminal charge would legitimize corner crossing, and said it needed to go to federal court to achieve anything. So they really weren't "naysayers" at all, they were right.

Wrong, everyone involved knew the case wouldn't set precedent in the criminal trial unless appealed.

But, the criminal cases still have to go to trial.

 

[BuzzH]

Being this is the civil case can it not it be with drawn by the plaintiff to avoid a jury trial assuming the US District Court grants the petition?

Ego involved will not allow it to be dropped.

 

[BuzzH]

Hopefully the feds take it. I'm glad the financial threat hasn't forced the hunters to settle yet.

They have zero interest in settling.

 

[Afhunter1]

Wonder if this is all a show being put on to try and get corner crossing officially banned federally. Let’s say these guys get to fed court and botch it terribly and get corner crossing banned for all of us and then a few weeks after case is over old fat cat landowner drops a few bills to there cause. I hope not but I could see how this could be staged.

When all the "chips" are falling the right way I am always looking for what the left hand is doing if you get my drift.

 

[wind gypsy]

Wonder if this is all a show being put on to try and get corner crossing officially banned federally. Let’s say these guys get to fed court and botch it terribly and get corner crossing banned for all of us and then a few weeks after case is over old fat cat landowner drops a few bills to there cause. I hope not but I could see how this could be staged.

When all the "chips" are falling the right way I am always looking for what the left hand is doing if you get my drift.

You're not thinking far enough. It's a conspiracy on a conspiracy. The hunter's got put up to it so they could be busted taking a cut from the fat cat trying to ban corner crossing federally in order to get the general public pissed off enough to have the will to make politicians legalize corner crossing. /sarcasm.

 

[BuzzH]

Wonder if this is all a show being put on to try and get corner crossing officially banned federally. Let’s say these guys get to fed court and botch it terribly and get corner crossing banned for all of us and then a few weeks after case is over old fat cat landowner drops a few bills to there cause. I hope not but I could see how this could be staged.

When all the "chips" are falling the right way I am always looking for what the left hand is doing if you get my drift.

What have you lost?

Very few people currently corner cross because they're scared to do it.

 

[Afhunter1]

You're not thinking far enough. It's a conspiracy on a conspiracy. The hunter's got put up to it so they could be busted taking a cut from the fat cat trying to ban corner crossing federally in order to get the general public pissed off enough to have the will to make politicians legalize corner crossing. /sarcasm.

Yeah I know its a far fetched idea but people with a lot of money have a lot of TIME to think up far fetched ideas.

Lets see we only need to buy:

1 DA
1 Sheriff
2-3 Hunters

Not a very big grocery list in these times......

 

[Afhunter1]

What have you lost?

Very few people currently corner cross because they're scared to do it.

You are right I haven't lost anything because I am afraid to do it as well. I don't want my hunt to end up in court with some fat cat landowner breathing down my neck either. I hunt way into national forest, I don't even get within miles of property lines. I was just kind of playing devils advocate that someone should be watching all involved.

I guess a case could be made that "everyone" would lose a chance to be able to corner cross in the future if these guys don't succeed. If there were hard rules in favor of it I would do it. GPS technology is accurate enough for it to be legal in my opinion.

 

[Sccritterkiller]

Yeah I know its a far fetched idea but people with a lot of money have a lot of TIME to think up far fetched ideas.

Lets see we only need to buy:

1 DA
1 Sheriff
2-3 Hunters

Not a very big grocery list in these times......

I think if anything they will withdraw and refile, wash and repeat. I have found when folks with lots of resources figure out they can't get the outcome they want it comes down to two things...Time and treasure...how long can we draw out the decision, keep things as they are, and how much money can we make the other side spend. All perfectly legal.....

 

[NB7]

Exactly
This could be dragged out for YEARS. I wouldn't look for any resolution any time soon