Friday, July 15, 2022

Crazy Mountains Legal Appeal Update

 


 PRESS RELEASE PDF Link   Click to read more...

"Public land advocates appeal the summary judgment entered in favor of U.S. Forest Service and Landowners
Coalition of sportsmen-conservationists maintains the Forest Service is abdicating its duty to uphold and defend public access to historical trails and asks the Ninth Circuit to take another look"

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A lot to unpack here, and don't forget that this Crazy Mountain case has repercussions to all our Federal public lands trails and the privatizing interests know this.

Notice of Appeal pdf

My apologies for the delay in some of the filings postings and overview of where we are at in the Crazy Mountains legal case. Serious covid side effects have pretty much kept me in bed for over 8 months now, since the vaccination in Oct. To add to the issue, 2 days before our hearing on Jan. 18th, I tested positive for Omicron and was doctor ordered, rightly so, not to go anywhere; so I remote called in to listen to the hearing. The hearing questions and statements were an indication of the upcoming Findings and Recommendations produced by Judge Cavan. Respectfully, we disagreed.

Our attorney, Matt Bishop, filed a masterful Objections. But these were also not addressed, with Judge Waters adopting the findings on 3/30/2022.

June 18, 2021 Filings
Reply in Support of Plaintiff's Motion For Summary Judgement
Statement of Disputed Facts
Declaration of Ned Zimmerman (from previous 2007 case)

You can view a number of the filings on the Crazy Mountains Public Access Legal Page.

Energy permitting, I will get the rest of our group's Declarations up there; right now, I just have Brad's and mine.

While some have been discouraged, I expected the local ruling and was looking forward to the appeallate court. So please do not mistake my absence or silence, due to health issues, as defeat or discouragement, far from it. From the beginning of this, I have been in this for the long-haul, expecting we would have to appeal.

In the meantime, Katie Hill, with The Meat Eater, did some research and began writing a series of articles on this Crazy Mountains case,  Vanishing Trails, Part 1: The Battle for One of the West's Most Beloved Mountain Ranges.




On a personal note: Many of you know that I had a TBI head injury and other body impact injuries in Dec. 2014. Aside from constant injury pain, there were brain processing functions that were impaired. This issue is hard to get care for in MT. But, I finally found an injury specialist that used an ultrasound to find obstructions to 2 nerves. After 5 injections, for the first time in over 8 years, I finally have no injury pain on the left shoulder, neck and head, restored movement and flexibility, it has helped clear up some of the multiple vision and a variety of other issues.

No matter what people or doctors tell you, don't give up on your health, keep looking for answers or help. I am persistent that way, even tho some doctors said after a number of years it was too late for hope - I still have not given up. Now on to healing this covid debacle.





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Thank you,
Kathryn QannaYahu Kern
406-579-7748
www.EMWH.org
Helena, MT