Park County, Montana, and Sweet Grass County, Montana v. United States of America, Cross Creek Protective Association, Defendant-Intervenor-Appellee

Appellants appeal from the dismissal of the defendant, United States, and the motion for summary judgment of defendantintervenor, Cross Creek Protective Association, under the provisions of the Quiet Title Act, 28 U.S.C. § 2409a(a) and (f) . We affirm.

Appellants are counties, which are political subdivisions of the State of Montana. On October 4,1976, Appellants filed a complaint, pursuant to 28 U.S.C. § 2409 , to quiet title to an easement across certain lands located within the boundaries of the Gallatin National Forest. Subsequently, Cross Creek Protective Association (hereinafter referred to as “Cross Creek”), a local citizen organization, was allowed to intervene as a party defendant.

The issues presented on appeal are: (1) whether the 12-year statute of limitations under 28 U.S.C. § 2409a(f) applies to every action brought under that act, notwithstanding that the plaintiff is a state, a political subdivision of a state, or some other governmental entity, and (2) whether the district court properly concluded that as a matter of law there was adequate notice that the appellants knew or should have known of the claim of the United States to the purported right-of-way more…