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The Buckeye Institute Calls on SCOTUS to Reaffirm Nearly 150 Years of Court Precedent in Property Rights Case

Jul 31, 2024

Columbus, OH – On Wednesday, The Buckeye Institute filed an amicus brief in Fiehler v. Mecklenburg, calling on the U.S. Supreme Court to hear the case and tell the Alaska Supreme Court that the states have no authority to redraw federally established property boundaries. 

“For nearly 150 years, the U.S. Supreme Court has said that federal government surveys are ‘unassailable,’” said Jay R. Carson, senior litigator at The Buckeye Institute. “But the Alaska Supreme Court disregarded court precedent and affirmed a decision to redraw property lines established by federal survey in 1938. In doing so, Alaska calls into question the certainty of federally drawn boundaries and undermines the value of not only the property in the case—but all property.”

In its brief, The Buckeye Institute argues that the “[r]eliance on unwavering and enforceable property boundaries is a cornerstone of western civilization” and that the Alaska Supreme Court erred in its ruling in Fiehler v. Mecklenburg.

In this case, the Center for Individual Rights and Kannon Shanmugam of Paul, Weiss, Rifkind, Wharton & Garrison LLP represent the Fiehlers.  

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