The U.S. Supreme Court should not review the Elk Mountain Ranch owner’s failed trespass lawsuit against four men who corner crossed to hunt on public land in Carbon County, the hunters’ lawyers say in a 39-page document filed Wednesday.
Ranch owner Fred Eshelman’s petition to the high court to take up the case is “procedurally deficient and doctrinally unfounded,” the new filing states. Eshelman’s claim that corner crossing is an unconstitutional taking of private property was not fully and fairly presented to lower courts and is therefore moot, the hunters contend.
Eshelman asserts, among other things, that corner crossing is an unconstitutional taking of private property without compensation. But he and his landowning company Iron Bar Holdings raised that argument late in the legal pro