Waypoint 6 - Fred GIVES UP!

wy incognito


Ranch owner in corner-crossing case drops Waypoint 6 trespass claim​

Hunters also agree not to seek attorneys’ fees after judge rules they did not trespass when corner crossing.
Avatar photo
by Angus M. Thuermer Jr.June 1, 2023
A map filed among court papers purports to show where one hunter marked a GPS waypoint on Elk Mountain Ranch land, depicted in light green. (U.S. District Court)
The owner of Elk Mountain Ranch has dropped the last remaining claim in a civil corner-crossing trespass suit — an allegation that a Missouri hunter stepped on his property well away from the contested corners.
In papers filed in U.S. District Court on June 1, an attorney for Iron Bar Holdings and Fred Eshelman told U.S. Chief District Judge Scott Skavdahl that the ranch owner is withdrawing the trespass claim associated with a digital marker known as Waypoint 6. That would preclude the need for a trial later this month.
Eshelman had sued four hunters claiming they trespassed while passing through the airspace above a corner of his property. Skavdahl ruled last week that the men did not trespass while corner crossing — stepping from one piece of public land to another without touching adjacent private property, all arranged in a checkerboard pattern of land ownership.
Skavdahl’s summary-judgment ruling does not preclude Eshelman from appealing the corner-crossing decision to the U.S. Court of Appeals for the 10th Circuit, an action that the hunters’ attorney said he expects.
In the course of the civil suit, which at one point sought $7.75 million in damages, Iron Bar and Eshelman alleged that, in addition to violating ranch airspace at several common corners with public land, one hunter also set foot elsewhere on the Carbon County Ranch.
The allegation arose following discovery of “Waypoint 6” — a location on Elk Mountain marked by hunter Zach Smith using the digital onX Hunt app. The waypoint proves that Smith was on the ranch, Eshelman’s lawyers contended.
Hunters say the waypoint could have been made from anywhere. In that Waypoint 6 was far from any of the several corners the hunters crossed in 2020 and 2021, Skavdahl separated disagreement over it from the larger corner-crossing issue.
Ruling in favor of the hunters regarding corner crossing, Skavdahl left the Waypoint 6 disagreement to be decided at a trial scheduled for later this month.
But he also ruled that Eshelman, if he were to win a Waypoint 6 argument in front of a jury, would be entitled to nominal damages only. That, the judge said, would amount to no more than $100.
“After considering the matter,” Eshelman’s attorney Greg Weisz wrote, “Plaintiff Iron Bar Holdings, LLC has determined the interest of judicial economy and justice warrant Plaintiff withdrawing the claims related to the Waypoint 6 issue and possible physical surface trespass by any of the Defendants on the Plaintiffs real property,”
The withdrawal obviates the need for a trial, Weisz said.
The two sides also agreed to pay their own attorneys’ fees, according to the filing. Other costs, however, would be subject to Skavdahl’s final ruling on the civil suit and also limited to what’s allowed under court rules.
Tagged:corner crossing, WyoFile App
Avatar photo


Angus M. Thuermer Jr. is the natural resources reporter for WyoFile. He is a veteran Wyoming reporter and editor with more than 35 years experience in Wyoming. Contact him at [email protected] or (307)... More by Angus M. Thuermer Jr.
Can't quite verify it but, my gut feeling sez that Freddie won't even appeal. We'll see,,,
I wouldn't be surprised in the least of an appeal. Eshelman showed up in Wyoming to testify, bought and paid for a real estate agent, amongst others, and has tons of money to burn.
I wouldn't be surprised in the least of an appeal. Eshelman showed up in Wyoming to testify, bought and paid for a real estate agent, amongst others, and has tons of money to burn.
all true things, JM. But, my gut feeling sez otherwise...unless the jackwad would like to continue his losing streak. Anyway, Eshelman has firmly and loudly embedded himself into the Wyoming Arsehole Hall of Shame with his employees aka henchman as honorable mention.

Can we induct a few others into the Hall of Shame?
1 - Wy Game and Fish for not citing Fred and Grende for hunter harassment
2 - Carbon County Attorney for selling out to Eshelman
3 - Realtor James Reinhart for being, well a douche
Is it possible he'd not appeal because it could then set precedent, which would by most account fall in favor of public land access, at a federal level.

It seems possible an appeal could be a good thing for hunters and the general public??
Good question. Does the withdrawal make the summary judgment mute and no longer available for use as a precedent ruling?
actually a great question, heartshot. I'm interested in knowing also
I think all an appeal will do I set precedents in other states at a federal level in the 10th circuit. I think without an appeal precedent is pretty well set in wyoming and will still hold some water in other states as well but maybe not bullet proof

Click-a-Pic ... Details & Bigger Photos
Top Bottom