Actually, the Wayne Hage “taking” case is far from over (HCN, 9/17/2012, “One Sagebrush Rebellion flickers out — or does it?“). First, there are a number of significant findings by Judge Smith that were not overturned by the U.S. Court of Appeals for the Federal Circuit. Second, the Hages have filed a petition for rehearing en banc before the Federal Circuit court and have determined to pursue certiorari with the Supreme Court should they not receive satisfaction. The statement by attorney Karen Budd-Falen that the taking case is over is very much premature.

Mark Pollot
Boise, Idaho

This article appeared in the print edition of the magazine with the headline Hages ride on.

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