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THE WILDERNESS SOCIETY v. KANE COUNTY, UTAH

No. 2:05-CV-854 TC.

470 F.Supp.2d 1300 (2006)

THE WILDERNESS SOCIETY, et al., Plaintiffs, v. KANE COUNTY, UTAH, et al., Defendants.

United States District Court, D. Utah, Central Division.

August 24, 2006.

Attorney(s) appearing for the Case

Heidi J. McIntosh, Stephen H. Bloch, Southern Utah Wilderness Alliance, Salt Lake City, UT, James S. Angell, Edward B. Zukoski, McCrystie J. Adams, Earthjustice, Denver, CO, Robert Baxter Wiygul, Waltzer & Associates, Ocean Springs, MS, for Plaintiffs.

Shawn T. Welch, John A. Davis, Matthew L. Crockett, Pruitt Gushee, Salt Lake City, UT, for Defendants.

ORDER AND MEMORANDUM DECISION

CAMPBELL, District Judge.

In 2005, Kane County passed Ordinance No.2005-03 ("the Ordinance"). The Ordinance opened a large stretch of federal land located in Kane County ("the land") to off-road vehicle ("ORV") use. The land had previously been closed to ORV use by federal land managers. According to Kane County, it had the right to change the classification of the land and post open

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