U.S. v. PARK

No. 06-35886.

536 F.3d 1058 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Ron PARK; Mary Park, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2008.


Attorney(s) appearing for the Case

Syrena Hargrove, Assistant United States Attorney (argued); Thomas E. Moss, United States Attorney; Alan G. Burrow, Assistant United States Attorney; Boise, ID, for the plaintiff-appellee.

Linda Louise Blackwelder Pall (argued), Law Office of Linda Pall, Moscow, ID, for the defendants-appellants.

Before: A. WALLACE TASHIMA, M. MARGARET McKEOWN, and W. FLETCHER, Circuit Judges.


McKEOWN, Circuit Judge:

Ron and Mary Park own and operate a dog kennel, Wild River Kennels, on property along the Clearwater River in Idaho. Their property is subject to a scenic easement that was granted to the United States, which prohibits commercial activity but permits livestock farming. In this appeal, we are asked to determine the unusual question whether dogs are "livestock." Despite a gut inclination that the answer might be "no," resolution of the issue...

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