David Herr v. U.S. Forest Service

<> David Herr v. U.S. Forest Service - 10/9/15. In the U.S. Court of Appeals, Sixth Circuit, Case No.14-2381. Herr bought waterfront property on Crooked Lake in the Upper Peninsula of Michigan and planned to use their gas-powered motorboat on it; however, the U.S. Forest Service threatened to enforce a regulation that bans non-electric motorboats from the ninety-five percent of the lake that falls within a National Wilderness Area.       Herr sued seeking to enjoin enforcement of the regulation on the ground that the relevant federal statute preserves their state-law property right to use all of the lake.       The district court held that a six-year time bar on the action was jurisdictional and that the Herr had waited too long to file this lawsuit. The Appeals Court reversed saying it  based its decision "in large part on a Supreme Court decision handed down after the district court's decision." [See United States v. Kwai Fun Wong, 135 S. Ct. 1625 (2015).]