The Elk Mountain ranch owner at the center of Wyoming’s closely watched corner crossing case is preparing an appeal to the U.S. Supreme Court, new filings show.
Lawyers for Fred Eshelman asked the nation’s highest court Wednesday for a 30-day extension to file a petition seeking Supreme Court review of the case. At stake, they wrote, is “one of the broadest abrogations of private property rights in American history.”
Eshelman, through his company Iron Bar Holdings, sued four hunters in 2022, alleging they trespassed on his Elk Mountain Ranch when they passed through the airspace of his property while traveling to hunt on public land. The hunters were corner crossing — stepping from one piece of public land to another where those two parcels meet at a common corner with two private parcels, all arranged in a checkerboard pattern of ownership. They did not step on private land.
Eshelman, a wealthy North Carolina pharmaceutical executive, lost his federal suit in 2023, but appealed the matter to the U.S. 10th Circuit in Denver. A three-judge panel sided with the hunters in March. Iron Bar was given until June 16 to appeal.
Now, Iron Bar wants an additional 30 days to file a petition seeking U.S. Supreme Court review of the case.
“This case raises exceptionally important issues at the intersection of private property rights and public access that warrant this Court’s review,” Iron Bar attorney Robert Reeves Anderson wrote in his application.
“The Tenth Circuit’s decision has vast reach, covering a huge portion of the roughly 300 million acres of checkerboard land and affecting landowners throughout the American West,” he added.
The 10th Circuit ruling unsettled a long-established understanding that corner crossing constitutes an unlawful trespass, the lawyer wrote.
“This area of confusion and disagreement must be resolved to provide clarity to landowners and hunters alike,” Anderson wrote.
An extension would give Iron Bar lawyers time to “fully prepare the petition” to the high court while also handling a number of other pending matters, Anderson wrote. He did not immediately respond Wednesday to a voicemail and email seeking comment.
Lengthy legal battle
The hunters — Bradly Cape, Phillip Yeomans, Zachary Smith and John Slowensky — corner crossed to hunt on Elk Mountain, where Eshelman owns a 22,000-acre ranch. Carbon County Prosecutor Ashley Mayfield Davis charged the men with criminal trespass but they were found not guilty by a local jury.
The federal civil lawsuit followed, but the men again prevailed — first at the district court level, and later in the 10th Circuit. Their attorney, Ryan Semerad of Casper, said Wednesday they were prepared for the additional legal battle ahead.
“Mr. Cape, Mr. Slowensky, Mr. Smith, Mr. Yeomans, and our legal team stand ready to keep fighting for and defending public access to public lands,” Semerad told WyoFile.
Public land advocates cheered the quartet’s 10th Circuit victory. But Semerad, earlier this month, urged outdoor enthusiasts to exercise caution and goodwill if they attempt to corner cross.
“It doesn’t mean you get to go on private property without permission, consent or something else,” Semerad said during a May 1 panel discussion in Laramie. “What it means is that you have reasonable access to step from one section to the next section, so long as you can be situated appropriately, you know where the monument marker is, you know where you’re going and you respect that.”
WyoFile journalists Angus Thuermer Jr. and Katie Klingsporn contributed to this report.
It’s a fine line in all respects . In that regard, one has to ask themselves is it any different than being safe at base or tagged out ? You either are or you are not .. As long as the laws are followed then there is no problem .
I don’t think the federal law from the 1800s that states you can’t block the public from public land means you have to carry a GPS and step exactly from one corner of public land to another
This ENTIRE LONGSTANDING SCENARIO IS PATHETIC.
BUT, there is a tremendous amount of money changing hands over many decades. Land owners selling trespass fees, picking and choosing the public. Lawyers convoluting arguments making for ridiculous amounts of money.
The entire judicial system hovering for MORE PRESIGE. Banish common sense.
The granting of an extension for petition, NO. There has been many, many years utilized to grease persuasions. ENOUGH.
Instead we ought to use imminent domain to consolidate federal public lands to remedy the past mistake of the checkerboard nonsense. No negotiation. Merely an acre for an acre with no net lose of public land acreage.
If private land owners can’t allow even a person cross the airspace on a boundary they should start a gofund me for the state if Wyoming to put a high fence around the greedy ranchers. Let them keep their shit off public land.
at this point it appears that the Eshelman shysters are just running up needless bills on ole’ freddie. but, who knows with this current dc administration. there is a certain judge on scotus that likes expensive gifts such as luxury rv’s. freddie eshelman should have his handlers reach out to this particular justice and see if he can buy his way into a verdict
I believe owners of the land adjacent to these locked public use areas must allow egress such as a public use easement. The property owners have had free use of these public use areas for many decades while keeping out the taxpayers. They have free grazing for their livestock and maybe in some instances even over grazing and damaging the land without paying taxes or reimbursing the government on the acreage.
I have firsthand knowledge of some of these landowners bragging about shooting protected species and out of season hunting. Providing public easement will also allow government officials such as game wardens to police these areas.
I guess some don’t know know when they’re done.
This all started when Fred Eshelman had a bought and paid for County Attorney to press criminal trespass charges against the Mo. 4 but then he ran into a common sense Wyoming jury who saw through the nonsense. Now, it’s just rolling downhill for this out of state Elk Mountain Ranch carpetbagger. Meanwhile, it’s kind of odd that head welfare cowboy “let me graze my livestock for pennies a head on public land” Magnagna hasn’t been quoted on this article. At this point guess there’s not much that sheep man can say at this point
For all his troubles and money spent, Eshelman should be the first big land owner forced to a build a nice wide right of way for public access to all.
Doesnt have to be two lane, but a wide forest style road should do.
You are correct Mr. Thompson. I am thinking that many ranchers, with checkerboard holdings in the west, wish Eshelman, had never turned over that rock. That he hadn’t told his hot headed hired man to harass the group. That he had judiciously turned away from an unnecessary confrontation. Now his lack of courtesy ruins it for everyone.
Like many oligarchs, Eschelman can’t turn away from anyone (including the Courts) who questions his dominion. Now the common man will have his day. It’s amusing that the guys who crafted this excellent access strategy were from Missouri, “The Show Me” State. I trust that Eshelman will be “shown” the constant error in his thinking by SCOTUS.
Its obvious that the intent was to allow access to the checkerboard parcels or they would have granted solid blocks, the ranch owner is being agressively greedy.
I think Semerad voiced his desire to someday present a case before SCOTUS. On the one hand, I hope SCOTUS rejects the case (if Eschelman’s lawyers get their appeal filed on time), but on the other hand, I hope Ryan gets his day in court. I don’t see a downside. Also, let’s not forget the WY chapter of Backcountry Hunters and Anglers who stood behind the non-resident hunters all the way. Thank you WY BHA!
A billionaire from North Carolina trying to pretend he’s a mini Ted Turner.
Stay off the Kings land!
This guy should be barred from entering the State.
Then on other hand US Federal Government takes a runner to court over crossing land off a pathway they allow walking etc. But step off that land you in trouble. Sort of perverse thinking.
Well it sucks for the hunters that this keeps dragging out but with each escalation of court review it opens up more and more of the checkerboard. Here’s hoping that if the Supreme Court does look at it they find the same way as all the previous courts and open up the whole of the checkerboard across the country.
it’s never ending when you’re dealing with the super wealthy grifters. Their money usually wins. We need to take America back, and we honestly could.
What a ridiculous waste of taxpayer money. Two courts have spoken. They just was to get to Supreme Court because the bench is loaded. Eshelman should pay all court costs for frivolous suit.
Kerry. #47 is trying hard to take America back. But some in GOP are fighting him hard as well.
Total nonsense
“….What it means is that you have reasonable access to step from one section to the next section, so long as you can be situated appropriately, you know where the monument marker is, you know where you’re going and you respect that…..”
Good advice from Mr. Semerad. I predict that the reality of implementation is going to be a lot messier
Fred Eshelman certainly has the money and doesn’t like to lose. For awhile, he also had the power by having the Carbon County Attorney, Carbon County Sheriff and the Wyoming Game & Fish Dept in his pocket. But, Eshelman didn’t have the will of the American people sewn up and four ‘wittle ole’ Missouri Boys along with superstar Attorney Ryan Semerad kicked his ass every step of the way. SCOTUS has basically scoffed at any more legal tirades from Eshelman’s loser lawyer brigade and the whole situation is basically over. So, moving forward come the 2025 hunting season, Fred, instead of sending some gopher ranch manager to continue the illegal harassment of hunters that will access the public lands in the checkerboard, do it yourself. You bought a big ranch out West to be a tough cowboy, didn’t you? Don’t hide behind others
Game and Fish sure showed their true allegiance to the big landowners by failing to cite the Eshelman ranch thugs for their numerous hazing and harassment of the Missouri hunters. One of the thugs even entered the tent of the hunters without consent which would of been a solid stand your ground incident if one of the Missourians rightly defended themselves with deadly force. Here’s a tidbit: did you know that Eshelman ally the disgraced Carbon County Attorney, who wisely did not run for reelection, is now an assistant Attorney for Carbon County? The hunters had the odds severely stacked against them but in the end, Eshelman’s roars are meaningless
Here’s the deal – SCOTUS has shown to be acceptive of the U.S. 10th Court’s decision that favored the Missouri Four and very probably will not take the case. If the Eshelman team had anything substantial, surely they would of been able to meet the June 16th deadline. A 30 day extension means nothing more then a burst of desperation from them. This whole thing is likely over, except for Eshelman paying a bunch of Attorney fees. Bravo to the Missouri Four and all who stood behind them!
With today’s political climate, it’s impossible to predict the outcome of Eshelman’s judicial maneuvering. I would imagine that he has contributed quite substantially to the Republican party over the years and is expecting preferential treatment in return. The current executive branch could care less about public access to public land, so it’s a stay tuned to see. Personally I wish that Eshelman had not opened this can of worms to begin with, but Pandora’s box is open and it’s out of our hands.
This is what happens when someone has way too much money
How much is too much money? I’m not rich but I have more money than a lot of others, so do I have too much? It’s not how much you have. You are either an A-Hole or you’re not.