SAN JUAN COUNTY, UTAH v. U.S.

No. 11-4146.

754 F.3d 787 (2014)

SAN JUAN COUNTY, UTAH, a Utah political subdivision, Plaintiff-Appellant, and State of Utah, Intervenor Plaintiff, v. UNITED STATES of America; Department of Interior; National Park Service, Defendants-Appellees. Southern Utah Wilderness Alliance; Grand Canyon Trust; The Wilderness Society; Sierra Club; National Parks Conservation Association, Amici Curiae. State of Utah, Intervenor Plaintiff-Appellant. and San Juan County, Utah, a Utah political subdivision, Plaintiff, v. Department of Interior; National Park Service; United States of America, Defendants-Appellees. Southern Utah Wilderness Alliance; Grand Canyon Trust; The Wilderness Society; Sierra Club; National Parks Conservation Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 25, 2014.


Attorney(s) appearing for the Case

Anthony Rampton ( Bridget K. Romano , Assistant Utah Attorney General and Mark L. Shurtleff , Utah Attorney General with him on the brief), Assistant Utah Attorney General, Salt Lake City, UT, for the Plaintiff-Appellant State of Utah.

Shawn T. Welch ( Tamara L. Stevenson with him on the brief), Holland & Hart LLP, Salt Lake City, UT, for the Plaintiff-Appellant San Juan County, Utah.

Aaron P. Avila , Attorney, ( Bruce D. Bernard , Attorney, Ignacia S. Moreno , Assistant Attorney General, U.S. Dep't of Justice Env't & Natural Resources Div., Washington, DC; David B. Barlow , United States Attorney, Carlie Christensen , Assistant United States Attorney, District of Utah, Salt Lake City, Utah; G. Kevin Jones , Office of Regional Solicitor, Department of the Interior, Salt Lake City, Utah, with him on the brief), of U.S. Dep't of Justice Env't & Natural Resources Div., Washington, DC, for Defendant-Appellee.

Before MURPHY, HOLLOWAY, and O'BRIEN, Senior Circuit Judges.


O'BRIEN, Circuit Judge.

This Quiet Title Act case requires us to decide whether the district court erred in rejecting the claims of San Juan County and the State of Utah1 to a public right-of-way, called Salt Creek Road, in Canyonlands National Park. We affirm.

BACKGROUND AND PROCEDURAL HISTORY

Salt Creek Road is an unimproved 12.3-mile road intertwined with the creek bed in Salt Creek Canyon. The state and county wish...

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