United States Ninth Circuit

In an action brought by the government against operators of a dog kennel, involving a scenic easement on defendants' property granted to the U.S. that prohibits commercial activity but permits livestock farming, summary judgment for the government is reversed where: 1) the term "livestock farming" is ambiguous as it was used in the easement, and it was unclear whether the term excludes dogs; and 2) thus, interpretation of the easement could not be resolved on summary judgment.

Appellate Information

• Argued 04/11/2008
• Decided 08/11/2008
• Published 08/11/2008

Judges

• McKEOWN, Circuit Judge:, Before:  A. WALLACE TASHIMA, M. MARGARET McKEOWN, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Syrena Hargrove, Assistant United States Attorney (argued);  Thomas E. Moss, United States Attorney;  Alan G. Burrow, Assistant United States Attorney;  Boise, ID, for the plaintiff-appellee., Linda Louise Blackwelder Pall (argued), Law Office of Linda Pall, Moscow, ID, for the defendants-appellants.