United States v. Park
United States Court of Appeals for the Ninth Circuit
536 F.3d 1058 (2008)
- Written by Haley Gintis, JD
Facts
In 1989, Ron and Mary Park (defendants) purchased a plot of land in Idaho. The Parks built Wild River Kennels on the plot of land and began offering dog training and kennel boarding. In 1998, the Parks received a notice from the United States Forest Service. The notice stated that the training and kennel facilities violated an easement prohibiting the use of commercial activity on the land. The Parks continued to operate their business. In 2005, the United States government (plaintiff) sued the Parks for violating the easement. In response, the Parks claimed that their activities on the land constituted livestock farming, which was permitted under the easement. The government and the Parks motioned for summary judgment. The district court granted the government’s motion for summary judgment on the ground that the term livestock, although not defined, did not include dogs. The district court ordered the Parks to stop their dog-training and boarding activities. The Parks appealed.
Rule of Law
Issue
Holding and Reasoning (McKeown, J.)
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