A dispute over the Lusby easement has pitted recreationists who think they have access to the river 25 miles west of Casper against landowners who think they don't.
"I don't know how much more clear we have to get," attorney Harriet Hageman told Judge David Park in January.
Hageman represents four landowners - Corey and Kathryn Davison, Ronald and Stacey Richner, Michael Rempe, and Marton Ranch Inc. - who claim the 1964 Lusby easement grants access to the river 100 feet from the river's high water mark and only at the high water mark. When the river is down, the land between the high water mark and the middle of the river is their private property and cannot be trespassed upon, she said.
But Assistant Attorney General Levi Martin said the Game and Fish Department sees the dispute clearly, too.
But its clear is just clearly different from the landowners' clarity.
"The Sales Contract clearly and unambiguously provides that the easement '…shall extend from midstream of the said North Platte River outward to a point 100 feet above and beyond the high water line …' on both sides of the river insofar as the easement traverses the Lusby's land," Martin wrote.
Read more in Friday's Casper Star-Tribune.
Posted in Breaking on Thursday, February 19, 2009 12:00 am
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