The 6-3 ruling allows a pair of Montana landowners to resume their battle against the Forest Service after it supposedly altered the terms of access to a road that intersects their property near the Bitterroot National Forest. The majority held that landowners Larry “Wil” Wilkins and Jane Stanton did not surpass the statutory deadline for the challenge.
The decision effectively reverses the U.S. Court of Appeals for the 9th Circuit's decision to affirm a district court's dismissal of the landowners' claims, stating that QTA's 12-year statute of limitations is a"nonjurisdictional claims-processing rule." The case was remanded to the 9th Circuit for further proceedings.
The case, Wilkins v. United States, specifically pertains to a road the Forest Service had an easement for allowing public access. But the plaintiffs argued it was rarely used for that purpose until the agency erected a sign in 2006 stating"public access thru private lands." The sign led to more visitors to the road, and property owners said there were trespassers who stole their property and claimed that one of them shot Wilkins's cat.
With the help of Trump-appointed Justices Amy Coney Barrett, Brett Kavanaugh, and Neil Gorsuch, the Tuesday decision marks a continuation of a string of opinions released so far this year with liberal Justices Sotomayor, Elena Kagan, and Ketanji Brown Jackson in the majority.Justice Clarence Thomas, an appointee of former President George H. W.
"The Quiet Title Act’s statute of limitations functions as a condition on a waiver of sovereign immunity, and is therefore jurisdictional," Thomas wrote in his summary.
They probably didn’t like it though, pretty sure they didn’t want to have their name on this writ for supporting Biden’s land grab for all eternity, at least the liberals were smart enough in this instance.
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