Case Summary
Issue:
Whether the Michigan Wilderness Act, which protects owners of private property near federal wilderness areas, prevents the U.S. Forest Service from denying owners the ability to use their property?
Plaintiff:
Kathy Stupak-Thrall
Defendant:
Ann Veneman, Secretary of Agriculture, and other officials and agencies
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Case History
Kathy Stupak-Thrall owns a cabin on Crooked Lake in the Upper Peninsula of Michigan. Although most of the land surrounding the lake is in the Sylvania Wilderness, Stupak-Thrall, as a riparian landowner, is entitled to use the entire lake for fishing, boating, and other recreational purposes. Despite federal laws protecting those rights, the U.S. Forest Service seeks to restrict her use of Crooked Lake.
On March 13, 1996, Thrall sued the U.S. Forest Service. On December 16, 1997, the District Court held that the Forest Service could not restrict Thrall’s use of Crooked Lake. The Forest Service appealed. An attempt by environmental groups to intervene in the case was denied on March 18, 2004. On April 18, 2005, the United States announced that it had abandoned its appeal.
An environmental group filed a motion to intervene on May 2, 2005. On May 31, 2005, Ms. Thrall filed her opposition to the group’s motion. On July 28, 2005, the Sixth Circuit denied an attempt by an environmental group to intervene. On August 3, 2005, the appeal was dismissed. On September 19, 2005, the Michigan federal district court approved an order under which MSLF would be paid $45,000.00 in costs and attorneys’ fees