FITZGERALD v. U.S.

Civ. No. 94-0518 PHX CAM.

932 F.Supp. 1195 (1996)

Raymond FITZGERALD, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Arizona.

May 24, 1996.


Attorney(s) appearing for the Case

Cameron T. Chandler, Gallagher & Kennedy, Phoenix, AZ, William Perry Pendley, Steven James Lechner, Mountain States Legal Foundation, Denver, CO, John Charles Giles, Kimball & Curry P.C., Phoenix, AZ, for plaintiffs.

Sue A. Klein, U.S. Attorney's Office, Janet Napolitano, United States Attorney, Phoenix, AZ, for defendant.


ORDER

MUECKE, District Judge.

Having considered the pleadings filed concerning the cross motions for summary judgment, the Court concludes as follows:

INTRODUCTION

This lawsuit involves the issue of what type of access must be provided to private land surrounded by National Forest Systems land. The parties agree that plaintiffs have a right of access to their inholdings over Forest Service land. The type and extent of that access, and whether...

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