No. 22-410

Chama Troutstalkers, LLC, et al. v. Adobe Whitewater Club of New Mexico, et al.

Lower Court: New Mexico
Docketed: 2022-11-01
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: equal-footing-doctrine ideal-opportunity property-title public-easement recreational-access recreational-activities state-supreme-court-conflict takings territorial-lands water-rights
Key Terms:
AdministrativeLaw FifthAmendment DueProcess Takings Patent Privacy JusticiabilityDoctri
Latest Conference: 2023-02-24
Question Presented (AI Summary)

Under the equal-footing doctrine, was the United States' title subject to a public easement for recreational activities?

Question Presented (OCR Extract)

QUESTION PRESENTED Under the equal-footing doctrine, the United States held title to the beds and banks of non-navigable waters in former U.S. territories, both before and after the territories’ accession to statehood, until the United States transferred the title to private parties. Was the United States’ title subject to an easement permitting any member of the public to walk and wade on those lands whenever reasonably necessary for the enjoyment of water sports, fishing, and other recreational activities that use the water? @

Docket Entries

2023-02-27
Petition DENIED.
2023-02-08
DISTRIBUTED for Conference of 2/24/2023.
2023-02-07
Reply of petitioners Chama Troutstalkers, LLC, et al. filed. (Distributed)
2023-01-24
Brief of respondents Adobe Whitewater Club of New Mexico, et al. in opposition filed.
2023-01-04
Motion to extend the time to file a response is granted in part and the time is further extended to and including January 24, 2023.
2023-01-03
Motion to extend the time to file a response from January 17, 2023 to January 30, 2023, submitted to The Clerk.
2022-12-02
Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2023.
2022-12-01
Waiver of right of respondent New Mexico Game Commission to respond filed.
2022-11-22
Motion to extend the time to file a response from December 1, 2022 to January 17, 2023, submitted to The Clerk.
2022-10-28
Petition for a writ of certiorari filed. (Response due December 1, 2022)
2022-08-17
Application (22A161) to extend the time to file a petition for a writ of certiorari from August 29, 2022 to October 28, 2022, submitted to Justice Gorsuch.
2022-08-17
Application (22A161) granted by Justice Gorsuch extending the time to file until October 28, 2022.

Attorneys

Adobe Whitewater Club of New Mexico; New Mexico Wildlife Federation; New Mexico Chapter of Backcountry Hunters & Anglers
Heather Anne WellesO'Melveny & Myers LLP, Respondent
Chama Troutstalkers, LLC; Z&T Cattle Co., LLC
John Franklin BashQuinn Emanuel Urquhart & Sullivan, LLP, Petitioner
New Mexico Game Commission
Aaron J. WolfCuddy & McCarthy, LLP, Respondent