07-07-2023, 10:41 PM
https://forums.macresource.com/read.php?...sg-2790152
Well, it is now headed to the appellate court. The land owner lost his case with the corner crossers.
https://wyofile.com/eshelman-appeals-cor...h-circuit/
Eshelman appeals corner-crossing loss to 10th Circuit
Elk Mountain Ranch owner challenges a federal judge’s decision that stepping through his airspace without touching private land is not trespassing.
The owner of the Elk Mountain Ranch that’s the site of a widely watched corner-crossing case filed a notice Thursday stating he will appeal the loss of his federal civil suit.
Fredric Eshelman’s appeal will be made in the 10th U.S. Circuit Court of Appeals in Denver, according to protocol. It could take longer than two weeks — even into late August — before the specifics of Eshelman’s objections are laid out in documents.
Eshelman sued four hunters from Missouri for trespass after they corner crossed and passed through the airspace above his property. The hunters stepped from one piece of public land to another in an area where land ownership is arranged in a checkerboard pattern.
At the common corner of four sections — two public and two private — the men in 2020 and 2021 located survey monuments and stepped over them without setting foot on Eshelman’s private land. By that method, they successfully hunted thousands of acres of public land enmeshed in Eshelman’s 22,045-acre ranch on Elk Mountain.
Corner crossing has been a legal gray area but the Missourians challenged Eshelman’s practice of deterring hunters from accessing corner-locked public land. By insisting that corner crossing was trespassing, Eshelman essentially had exclusive access to some 6,000 acres of public land for his own hunting and other excursions.
Carbon County authorities, upon Eshelman’s urging, charged the hunters with trespassing, but a jury in 2022 found them not guilty.
Eshelman filed a civil suit seeking up to $7.75 million in damages, even though the men never touched or damaged his property. The hunters’ attorneys successfully moved the case to federal court where they argued that the Unlawful Inclosures Act of 1885 prevented Eshelman from blocking their passage across the corners.
Well, it is now headed to the appellate court. The land owner lost his case with the corner crossers.
https://wyofile.com/eshelman-appeals-cor...h-circuit/
Eshelman appeals corner-crossing loss to 10th Circuit
Elk Mountain Ranch owner challenges a federal judge’s decision that stepping through his airspace without touching private land is not trespassing.
The owner of the Elk Mountain Ranch that’s the site of a widely watched corner-crossing case filed a notice Thursday stating he will appeal the loss of his federal civil suit.
Fredric Eshelman’s appeal will be made in the 10th U.S. Circuit Court of Appeals in Denver, according to protocol. It could take longer than two weeks — even into late August — before the specifics of Eshelman’s objections are laid out in documents.
Eshelman sued four hunters from Missouri for trespass after they corner crossed and passed through the airspace above his property. The hunters stepped from one piece of public land to another in an area where land ownership is arranged in a checkerboard pattern.
At the common corner of four sections — two public and two private — the men in 2020 and 2021 located survey monuments and stepped over them without setting foot on Eshelman’s private land. By that method, they successfully hunted thousands of acres of public land enmeshed in Eshelman’s 22,045-acre ranch on Elk Mountain.
Corner crossing has been a legal gray area but the Missourians challenged Eshelman’s practice of deterring hunters from accessing corner-locked public land. By insisting that corner crossing was trespassing, Eshelman essentially had exclusive access to some 6,000 acres of public land for his own hunting and other excursions.
Carbon County authorities, upon Eshelman’s urging, charged the hunters with trespassing, but a jury in 2022 found them not guilty.
Eshelman filed a civil suit seeking up to $7.75 million in damages, even though the men never touched or damaged his property. The hunters’ attorneys successfully moved the case to federal court where they argued that the Unlawful Inclosures Act of 1885 prevented Eshelman from blocking their passage across the corners.