| History: |
In 1968, Jack McFarland’s grandmother purchased a 2.75-acre parcel of private land, which had been patented in 1916. The
property, surrounded by the Glacier National Park, is
accessible only by Glacier Route 7, which was constructed
in 1901, nine years prior to creation of the Park. In 1984,
Jack McFarland purchased his grandmother’s property
and, in May 1999, began using the property as a
year-round residence. However, in November 1999, the
NPS denied McFarland motorized access to his property
after the first significant snowfall.
On February 2, 2000, McFarland sued to enforce his right of access to his property by means of both a Quiet Title Act (QTA) claim and an Administrative Procedure Act (APA) claim. On August 7, 2002, both the United States and McFarland filed their opening briefs, to which responses were then filed. Reply briefs were filed on September 11, 2002. On July 8, 2003, the Montana District Court ruled that all of McFarland's claims were barred by the 12-year statute of limitations. On July 21, 2003, McFarland filed a motion to reconsider as to the dismissal of his APA claim. On September 15, 2003, the District Court denied McFarland's motion. On October 1, 2003, McFarland filed his appeal with the U.S. Court of Appeals for the Ninth Circuit.
On January 20, 2004, Jack McFarland filed his opening brief with the U.S. Court of Appeals for the Ninth Circuit, to which the United States responded on March 22, 2004, to which McFarland replied on April 13, 2004. Oral arguments took place on February 10, 2005. On October 11, 2005, the Ninth Circuit reversed the District Court's decision and remanded the case for trial.
On April 21, 2006, Mr. McFarland filed a motion for summary judgment to which the United States responded on May 19, 2006, to which Mr. McFarland replied on June 9, 2006. On June 30, 2006, the United States filed its final brief.
Oral argument took place on November 16, 2006. On November 17, 2006, the district court ruled that an easement by necessity applied against the United States, but that there was no "necessity" in this case because Mr. McFarland and his family could hike, ski, or snowshoe the three miles to his home. On December 7, 2006, Mr. McFarland filed an appeal with the Ninth Circuit.
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