Larry Wilkins v. United States

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LARRY STEVEN WILKINS; JANE B. No. 20-35745

STANTON,

Plaintiffs-Appellants, D.C. No. 9:18-cv-00147- v. DLC

UNITED STATES OF AMERICA,

Defendant-Appellee. OPINION

Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding

Argued and Submitted August 11, 2021 Seattle, Washington

Filed September 15, 2021

Before: David M. Ebel, * Daniel A. Bress, and Lawrence VanDyke, Circuit Judges.

Opinion by Judge VanDyke

* The Honorable David M. Ebel, United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. SUMMARY **

Quiet Title Act

The panel affirmed the district court’s dismissal for lack of subject-matter jurisdiction of a Quiet Title Act (“QTA”) action brought by appellants against the United States seeking to confirm that an easement for Robbins Gulch Road near Connor, Montana, granted to appellants’ predecessors- in-interest, did not permit public use of the road, and to enforce the government’s…