Holland Livestock Ranch v. United States

714 F.2d 90 HOLLAND LIVESTOCK RANCH, a Co-Partnership composed of Bright-Holland Company, Maremont-Holland Company and Memeroff-Holland Company; and John J. Casey, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. No. CA 82-4309. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 15, 1983. Decided Aug. 26, 1983. Claire L. McGuire, Washington, D.C., for defendant-appellant. Thomas L. Belaustegui, Reno, Nev., for plaintiffs-appellees. Appeal from the United States District Court for the District of Nevada. Before WRIGHT, CANBY, and BOOCHEVER, Circuit Judges. CANBY, Circuit Judge: The issue in this case is whether the government's "access trespass" presumption suffices to prove trespass. The district court held that the presumption was invalid and granted summary judgment for Holland. We affirm. This is the latest in a series of cattle grazing disputes between appellees Holland Livestock Ranch and John Casey (together "Holland") and the Bureau of Land Management (BLM). The Holland ranch holds grazing permits for some public lands. The ranch also adjoins other public lands closed to grazing. The BLM believed that Holland's cattle were…