United States v. Gardner

Clifford and Beth Gardner (defendants) used federal land in Nevada's Humboldt National Forest for cattle grazing without a permit; the United States had retained about 80 percent of Nevada's land after Mexico ceded the territory in the Treaty of Guadalupe Hidalgo. The government sued the Gardners for unauthorized grazing after they refused to pay a fine, and the district court granted summary judgment for the United States, enjoining further grazing and ordering payment. The Gardners appealed, arguing Nevada should hold title to the federal land within its borders based on old case dicta, the equal-footing doctrine, Nevada's Statehood Act, and the Tenth Amendment.