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DOUBLE J. LAND & CATTLE v. U.S. DEPT. OF INTERIOR

No. 95-1256.

91 F.3d 1378 (1996)

DOUBLE J. LAND & CATTLE CO. and Peter A. Jaffe, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF the INTERIOR, Bureau of Land Management, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 26, 1996.

Attorney(s) appearing for the Case

Peter A. Jaffe, Jaffe and Asher, Vail, Colorado, for Plaintiffs-Appellants.

Tamara N. Rountree, Department of Justice, Washington, D.C. (Lois J. Schiffer, Assistant Attorney General, Washington, D.C., Henry L. Solano, United States Attorney, Robert D. Clark, Assistant United States Attorney, Denver, Colorado, David C. Shilton, Department of Justice, Washington, D.C., with her on the brief; Lowell L. Madsen, Regional Solicitor's Office, Department of Interior, Denver, Colorado, of counsel), for Defendants-Appellees.

Before SEYMOUR, Chief Judge, ALARCON and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

This case presents a novel issue. Appellants, who openly concede that they are trespassing on public land, nevertheless seek to estop the United States Government, acting through the Department of Interior's Bureau of Land Management, from ordering them to remove a dam and pond constructed on federal land in December 1988. Underlying their argument is the belief that they are entitled to base a claim of estoppel upon a naked reliance on asserted...

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