United States Tenth Circuit

Because members of the public do not have a "title" in public roads, plaintiff cannot seek quiet title to roads on federal land under the Quiet Title Act.

Appellate Information

• Decided 04/07/2004
• Published 04/07/2004

Judges

• SEYMOUR, Circuit Judge., Before SEYMOUR, Circuit Judge, BALDOCK, Senior Circuit Judge and LUCERO, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Lee E. Peters, of Hubert & Hernandez, P.A., Las Cruces, NM, for Southwest Four Wheel Drive Association, and Las Cruces Four Wheel Drive Club, Plaintiffs-Appellants.


• For Appellees:
  
• M. Alice Thurston, Attorney, Appellate Section, Environment & Natural Resources Division, Department of Justice, Washington, DC (Todd S. Aagaard, Attorney, Appellate Section, Environment & Natural Resources Division, Department of Justice, Washington, DC, Thomas L. Sansonetti, Assistant Attorney General, David C. Iglesias, United States Attorney, and Raymond Hamilton, Assistant United States Attorney, Albuquerque, NM, and Dale Pontius, Office of the Solicitor, Santa Fe, NM, Paul B. Smyth and Wendy S. Dorman, Office of the Solicitor, Department of the Interior, Washington, DC, on the briefs with her), for Bureau of Land Management, Amy Leuders, and United States of America, Defendants-Appellees., Edward B. Zukoski, of Earthjustice, Denver, CO, for The Wilderness Society and New Mexico Wilderness Association, Intervenors/Appellees.