This Obama judge misapplied the leo Sheep case, for starters, in distinguishing between gov’t eminent domain and private access. Secondly, he erred in assuming the Mackay case wasn’t overruled by Leo Sheep , simply because the 8th had erroneously failed to call it overriden.
Thet’s just 2 points of appeal based on a quick 10 minute reading of this summary judgment order.
