[quote=DLSguide] Which I'm thinking it may not be the slam dunk they think it's going to be otherwise there wouldn't be the need for the go fund me thing.
The BHA lawyers know it's about 99% likely they will lose, since the legislature has clearly defined that the airspace above property is owned by the same entity that owns the property. It's impossible to pass through the corner without passing through the airspace. Anyone with an understanding of basic geometry can see this. This argument has already been laid out eloquently by the state AG.
There's really very little downside to losing a case for your client as long as you get paid and don't expect it to impact future work. A gofundme is a good way to ensure you'll get paid.
I hear that the GoFundMe campaign has been reported for fraud, as the campaign alleges this is a legal gray area when, in fact, it's black and white. GoFundMe has a reputation for not being very good about shutting down fraud, but the more people who report the campaign, the more likely it will be that GoFundMe does the right thing.
You're 100% right that this is a very clear case of trespassing. The WY code is very clear (notwithstanding the BHA idiots claiming it's not) about the question and the Supreme Court has clearly held that there is no easement to be had (by necessity, reservation or otherwise) if the plan is to argue that the WY code somehow in conflict with the land grant scheme that created the checkerboards in that an easement was reserved when the land was sold to private parties.
While Ruth Buzzy is not afraid to contradict herself, or ignore black letter law, the only ones who are going to suffer from the Marxist in hunters' clothing are those who donate to their fraud and the private property landowners who have to deal with the illegal conduct that BHA encourages and funds.
There's a legal and legitimate way to deal with access to checkboard land areas, but BHA would rather abuse the legal system and try to lawfare their way around the obvious.
Eliminate qualified immunity and you'll eliminate cops who act like they are above the law.
