Case Summary
Issue:
Whether the United States of America must respect the property rights of owners of property as to which the United States possesses an easement?
Plaintiff:
Anne George
Defendant:
United States of America, U.S. Forest Service; Thomas Vilsack, Secretary, U.S. Department of Agriculture; Thomas Tidwell, Chief, U.S. Forest Service; Harv Forsgren, Regional Forester, Intermountain Region; Richard Markley, Forest Supervisor, Gila National Forest; Russell Ward, District Ranger, Silver City Ranger District, Gila National Forest
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Case History
In March 2005, Annie George bought 10 acres outside Silver City, New Mexico. Ms. George’s property is bordered on the east and south by the Gila National Forest; the land to the north and west is privately owned. The United States owns a recorded easement for a right-of-way, 66 feet in width, 33 feet each side of the centerline, for the existing Shrine Mine Road (aka FDR 6819) that traverses Ms. George’s property and seven neighboring parcels. In its current state, Shrine Mine Road is little more than an uneven and mostly unused dirt path that bisects Ms. George’s property.
The U.S. Forest Service has access to the Gila National Forest on several other private roads, either by easement or custom, and does not use or consistently maintain FDR 6819. Ms. George’s neighbors use FDR 6819 as a walking and horseback riding trail and off-road vehicle drivers have in the past occasionally used it for recreation. The Forest Service has failed to maintain FDR 6819, which has caused both damage to the underlying estate and unsafe conditions, and it has resisted Ms. George’s attempts to erect a gate across the easement in order to contain her horse. In 2006, Ms. George attempted, unsuccessfully, to gate her property; however, in October 2007, she reinstalled gateposts, fencing, and an unlocked gate. On December 19, 2008, after vandals destroyed her gate and her horse escaped and was injured by the damaged fencing, she repaired the gate and temporarily wired it closed. That same day, a Forest Service employee issued her a ticket. On April 22, 2009, a U.S. Magistrate Judge held a hearing on Ms. George’s December 19th ticket but delayed the proceedings pending Ms. George’s civil litigation.
On September 2, 2009, MSLF filed Ms. George’s complaint for declaratory and injunctive relief. On November 13, 2009, the government filed its answer and a counterclaim. On December 7, 2009, Ms. George filed her response to the government’s counterclaim.
On November 30, 2010, after the completion of discovery, including depositions, Ms. George filed a motion for partial summary judgment and the United States filed a motion for summary judgment. On December 12, 2010, the United States filed its opposition to Ms. George’s motion. On December 17, 2010, Ms. George filed her opposition to the United States’ motion and a motion to strike the United States’ “new” evidence.
On January 14, 2010, Ms. George filed a reply to the United States opposition to her motion for partial summary judgment and the United States filed a response to Ms. George’s motion to strike. On January 31, 2011, Ms. George filed a reply regarding the motion to strike.
On February 17, 2011, the district court granted the United States motion for summary judgment and dismissed as moot Ms. George’s motions to strike and for partial summary judgment. The district court ruled that the statute of limitations had run in 1991. On February 23, 2011, the United States dismissed its counterclaims without prejudice. On February 24, 2011, Ms. George filed her notice of appeal to the U.S. Court of Appeals for the Tenth Circuit.
On June 1, 2011, Ms. George filed her opening brief with the Tenth Circuit. On July 28, 2011, the United States filed a response brief. On August 15, 2011, Ms. George filed her reply brief. Oral arguments were held on January 18, 2012. On March 5, 2012, a three-judge panel of the Tenth Circuit upheld the ruling of the New Mexico federal district court. On April 19, 2012, Ms. George filed a petition for rehearing and rehearing en banc. On April 30, 2012, that motion was denied.
