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McFARLAND v. KEMPTHORNE

No. CV 00-20-M-DWM.

464 F.Supp.2d 1014 (2006)

John James McFARLAND, Plaintiff, v. Dirk KEMPTHORNE, in his capacity as Secretary of the Department of Interior; Suzanne Lewis, in her capacity as Superintendent of Glacier National Park, Defendants, and National Parks Conservation Association, Defendant-Intervenor.

United States District Court, D. Montana, Missoula Division.

November 17, 2006.

Attorney(s) appearing for the Case

Ronald W. Opsahl, William P. Pendley, Mountain States Legal Foundation, Lakewood, CO, Stephen C. Berg, Johnson Berg McEvoy & Bostock, Kalispell, MT, for Plaintiff.

Mark Steger Smith, Office of the U.S. Attorney, Billings, MT, for Defendants.

Alan A. Pemberton, Charles H.P. Vance, David E. Finkelson, Emily S. Williams, Vijay Shanker, Kelly M. Jaske, William J. Friedman, Covington & Burling, Washington, DC, Jack R. Tuholske, Tuholske Law Office, Missoula, MT, for Defendant-Intervenor.

ORDER

MOLLOY, Chief District Judge.

I. Introduction

Plaintiff, John McFarland, owns a tract of land completely surrounded by Glacier National Park. McFarland brought suit against the United States to quiet title to an easement along Glacier Route 7, the road McFarland uses to access his property. Specifically, McFarland's suit alleges the National Park Service's closure of Glacier Route 7 to motorized vehicles during winter months interferes with...

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