Kyle Hurst v. United States Forest Service – Petition for Writ of Certiorari

Kyle Hurst Challenges Rainbow Family Immunity Ruling

The question presented in the petition is:

Whether the Eleventh Circuit wrongfully absolved Respondent of liability when it determined that Moore Lake was not an “area” where a fee was charged, or a part of an area used for commercial purposes.  Read the Petition here: Hurst Petition

The Rainbow Family has long history of violating the laws

Equally important, the Permit for the Rainbow Group covered “3 square miles”. 4 Since the distance to Moore Lake and Silver Lake is less than 1 nautical mile, the holding in Goodman means that the properties are the same “area” and the Permit covered activity at both Silver Lake and Moore Lake. The Eleventh Circuit failed to correctly apply Goodman for the following reasons:

  1. A “fee” is charged for access to Silver Lake;
  2. Moore Lake and Silver Lake are less than 1 mile apart;
  3. Both Moore Lake and Silver Lake are covered by the plain language of the Permit, stating that activity of Rainbow Family is permitted up to “3 square miles” from Moore Lake.

The holding in Goodman means that USFS cannot avoid liability and the Eleventh Circuit opinion incorrectly interpreted federal law. The Court of Appeal’s decision strays from the factual issues in the case. The facts are clear that Moore Lake is a part of Silver Lake. Moore Lake is the camping compliment to Silver Lake.

 

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