Friday, July 2, 2010

NATIONWIDE LANDMARK DECISION - McDonald v. City of Chicago, No. 08-1521

ON JUNE 31, 2010
McDonald v. City of Chicago, Case No. (08-1521)
Otis McDonad has been robbed 3 times, and feels that he should have the right to protect himself, but the laws prohibiting guns keeps him from carrying a concealed weapon. It is however a US Constitutional Right, 2nd Amendement Right. His Lawyer, Alan Gura.
There are 9 U.S. Supreme Court Justices and 5 ruled in favor and 4 ruled against gun rights.
http://www.chicagoguncase.com/

CHIGACO, IL "US SUPREME COURT RULING"
ANY CITIZEN IN AMERICA IS ALLOWED TO CARRY A GUN.


Other LANDMARK DECISION Cases:
Rancher - Property Rights
Wayne Hage v. US
Case No. 91-1470L
Filed: August 2, 2010
Hage v. United States


.Sub-categories :

•Articles •Briefs and Opinions •Other Documents •Legal Counsel Overview:


Few epic battles for property rights have been waged and won by landowners, but Hage v. United States is one of the greatest stories of all time. After spending 13 years fighting the U.S. Forest Service and Bureau of Land Management for the right to use their land and water, Nevada ranchers, Wayne and Jean Hage, filed the most important federal lands takings case in American history. The members of Stewards of the Range supported their every step through the courts, which began in 1991.



The Hages owned the targeted property, Pine Creek Ranch, which was a combination of private land and federal grazing allotments that together controlled 1,100 square miles of Nevada’s High Desert. While the cow-calf operation is a normal sized ranch for the Nevada landscape (on average it takes 50 acres to feed one cow), the Hages controlled all the water on this vast landscape. The water is gravity flow to Las Vegas and gravity flow to Los Angeles.



The Hages found themselves in the crosshairs of those seeking to destroy private ownership of America’s resources through environmental regulations. In July of 1991, after the U.S. Forest Service confiscated their last remaining cattle and believed they had finally acquired this beautiful ranch property without paying a dime in compensation, Wayne and Jean did something never done before – they filed a claim for the taking of the rights they owned on the federal lands and their private property in the U.S. Court of Federal Claims.



June 6, 2008, the Court handed the Hages a dramatic victory. The court refused the government’s argument that the Hages were merely leaseholders who had no property rights in the federal lands. Instead, the Court awarded the Hages compensation for their range improvements, the water rights which flowed from the federal lands to their private lands, and the ditch right-of-ways which included the forage on 50 feet of each side of the ditches. They also awarded attorney’s fees, which is a critical deterrent to future frivolous lawsuits.



This was a landmark victory for Western ranchers and Americans nationwide. Although neither Wayne nor Jean was alive to celebrate the victory, they most certainly left a remarkable legacy for private property rights protection in America.



The government has filed an appeal in the U.S. Court of Appeals D.C. Circuit. It will be many years yet before final compensation and attorney’s fees will be awarded, however, the precedent stands and is used by landowners and attorneys across the nation today.

 
E. WAYNE HAGE and JEAN N. HAGE, Plaintiffs, v. UNITED STATES OF AMERICA, UNITED STATES FOREST SERVICE, CLAYTON YEUTTER, in his capacity as Secretary of Agriculture, F. DALE ROBERTSO...


http://americanstewards.us/about-us/historical-victories/hage-v-united-states/briefs-and-opinions