UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT KNOXVILLE

SOUTHERN FOREST WATCH, INC., )

et al., )

)

Plaintiffs, )

)

v. ) CIV NO. 3:13-cv-116

) (HOOD/GUYTON)

SECRETARY OF THE INTERIOR )

SALLY JEWELL, et al., )

)

Defendants. )

PLAINTIFF’S MOTION TO VACATE

Comes plaintiff, Southern Forest Watch, Inc.1 (hereafter “SFW” or “plaintiff”), through counsel, and moves the Court to:

1. Declare and vacate defendants’ decision to implement a backpacker fee inside the Great Smoky Mountains National Park (hereafter “Smoky Mountains”) because it was illegal.

2. Declare institution of the backpacker fee is illegal in the Smoky Mountains because, for a number of different reasons, the law does not allow defendants to charge the backpacker fee for camping backcountry campsites or shelters in the Smoky Mountains.

3. Alternatively, plaintiff moves the court to vacate the decision to implement the backpacker fee inside the Smoky Mountains and remand the proceedings back to the federal administrative agency for more appropriate and legal action.

4. Alternatively, plaintiff moves the court to declare if the fee is determined legal that backcountry campers are not limited to designated campsites.

5. Declare defendants’ licensing and permissions for exclusive use and ownership for political elites violates the law.

6. Allow discovery to proceed.

Plaintiff is contemporaneously herewith filing a brief in support of this motion with attachments, and refers to same as if set forth herein verbatim.

WHEREFORE, plaintiff moves the court to grant the relief sought above.

Respectfully submitted this 18th day of July, 2014.

s/J. Myers Morton BPR#: 013357

MORTON & MORTON, PLLC

Attorney for Plaintiffs

1518 N. Broadway

Knoxville, Tennessee, 37917

Telephone: (865) 523-2000

Facsimile: (865) 546-4860

myersmorton@comcast.net

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document has been furnished to William C. Killian and Loretta S. Harber, US Attorneys by the Court’s electronic system and email from the undersigned.

This 18th day of July, 2014. /s/ J. Myers Morton

11 This Court has ordered because Southern Forest Watch, Inc., has standing to proceed, the 3 individual plaintiffs are unnecessary and their participation is not required for this suit to move forward. [D.E. 32 at 13; PageID#: 332]

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT KNOXVILLE

SOUTHERN FOREST WATCH, INC., )

et al., )

)

Plaintiffs, )

)

v. ) CIV NO. 3:13-cv-116

)

SECRETARY OF THE INTERIOR )

SALLY JEWELL, et al., )

)

Defendants. )

AFFIDAVIT OF MARK COOKE

I, Mark Cooke, declare that:

1. I recently hike along Ace Gap Trail to the trails intersection with Beard Cane Trail.

2. While hiking along Ace Gap Trail, I noticed what appeared to be a recently installed survey pin on the south side of the trail. The coordinates of that survey pin are N35 40.264, W83 49.850.

3. This recently installed survey pin appeared to be on the National Park Service side of the trail within the boundary of the Great Smoky Mountains National Park.

4. Pictures of this survey pin are attached hereto as Exhibits A and B.

5. In this same area, I noticed 2 small National Park Service boundary signs tacked about 20 feet apart onto small 4 inch diameter trees. The park boundary sign installation did not appear to be the work of the National Park Service.

6. Attached as Exhibit C is a topographical map showing this portion of my hike up Ace Gap Trail.

7. At the intersection of Ace Gap Trail and Beard Cane Trail, there is erected a non-National Park Service sign that states: “Blair Gap Trail Closed Beyond This Point.” Pictures of the sign are attached hereto as Exhibits D, E and F.

8. Adjacent to the new trail sign, there is survey tape and the corner of an National Park Service boundary sign on a tree stump. Pictures showing the stump and removed National Park Service boundary sign are attached hereto as Exhibits G and H.

Pursuant to 28 U.S.C. § 1746, I declare, under penalty of perjury, that the foregoing is true and correct.

Dated July 17, 2014. /s/ Mark Cooke

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