Category: Burr Trail Road

“Defendants’ Opposition to Plaintiff’s Motion for Partial Summary Judgement”November 1, 1996

TABLE OF CONTENTS I. STATEMENT OF MATERIAL FACTS II. ARGUMENT A. INTRODUCTION B. NPS HAS NOT ESTABLISHED UNDISPUTED MATERIAL FACTS C. NPS HAS NOT SHOWN A LEGAL BASIS FOR ITS ASSERTED RIGHT TO INTERFERE WITH NORMAL MAINTENANCE ACTIVITIES WITHIN THE EXISTING DISTURBED AREA ON THE BOULDER-T0-BULLFROG ROAD. 1. NPS ignores explicit statutory limitations on its authority a. CRNP legislation b. NPS Organic act…

November 20, 2021
“Reply to United States’ Opposition to Defendants’ Motion to Dismiss”October 11, 1996

Defendants Garfield County, Louise Liston, D. Maloy Dodds, Clare M. Ramsay, and Brian B. Bremner (hereinafter referred to collectively as Garfield County) hereby reply to the United States’ Opposition to Defendants’ Motion to Dismiss.(1) INTRODUCTION Plaintiff has stated general rules of law but ignored the specific rules that apply in this case, thus missing the…

November 20, 2021
Key Legal Documents From USA v. Garfield County (Utah), The Boulder-to-Bullfrog Road (Burr Trail Road) Litigation

Originally written and published by Garfield County in Utah. Edited and republished by Kevin Allard with Arizona Backcountry Explorers. NOTE: The Boulder-To-Bullfrog Road (commonly also called the Burr Trail Road) in Garfield County in southern Utah has been the focus of RS 2477 litigation for more than a decade. During that litigation, many very important legal…

November 20, 2021
“Memorandum of Authorities in Support of Motion to Dismiss”

July 30, 1996 CONTENTS I. INTRODUCTION II. STATEMENT OF FACTS: THE ALLEGATIONS OF THE COMPLAINT III. DISCUSSION A. Plaintiff Has Failed to Give the Requisite Notice under the Utah Governmental Immunity Act7 B. Plaintiff has Failed to Allege the Necessary Elements of a Trespass Claim7 C. Plaintiff’s Complaint Relies on an “Authority” which has no…

November 20, 2021