The Buckeye Institute has filed an amicus brief in the case of Fiehler v. Mecklenburg, urging the U.S. Supreme Court to intervene and assert that states lack the authority to alter federally established property boundaries. The filing was made on Wednesday.
Jay R. Carson, senior litigator at The Buckeye Institute, emphasized the historical significance of federal surveys: "For nearly 150 years, the U.S. Supreme Court has said that federal government surveys are ‘unassailable.’" Carson criticized the Alaska Supreme Court for disregarding this precedent by affirming a decision to redraw property lines set by a 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," he added.
The Buckeye Institute's brief asserts that "[r]eliance on unwavering and enforceable property boundaries is a cornerstone of western civilization" and contends that the Alaska Supreme Court's ruling in Fiehler v. Mecklenburg was erroneous.
The Fiehlers are represented by the Center for Individual Rights and Kannon Shanmugam of Paul, Weiss, Rifkind, Wharton & Garrison LLP.