County of Shoshone, Idaho v. United States

MEMORANDUM

The County of Shoshone (Shoshone) appeals from the district court’s judgment, on cross motions for summary judgment, in favor of the United States and against Shoshone on Shoshone’s challenge under the Quiet Title Act of 1972 (“QTA”) to the United States’ closure of four miles of the Eagle Creek Road in the Idaho Panhandle National Forest. Shoshone’s case turns on a single esoteric issue: whether Eagle Creek Road is a public road based on at least five years of regular public use sometime between 1884 and 1898. The United States, while agreeing with the merits of the district court judgment, asserts that Shoshone failed to file its action within the twelve year statute of limitations in 28 U.S.C. § 2409a, and therefore the courts lack jurisdiction to consider Shoshone’s claim. We conclude that we have jurisdiction and affirm the district court’s rejection of Shoshone’s QTA claim.

1. 28 U.S.C. § 2409a(g) provides that a civil action under the QTA “shall be barred unless it is commenced within twelve years of the date upon which it accrued” and that “[sjuch action shall be deemed to have accrued on the date the plaintiff ... knew or should have known of the claim of the…