WILSON v. BLOCK

Nos. 81-1905, 81-1912, 81-1956, 82-1705, 82-1706 and 82-1725.

708 F.2d 735 (1983)

Richard F. WILSON, et al., Appellants v. John R. BLOCK, Secretary of Agriculture, et al. The HOPI INDIAN TRIBE, Appellant, v. John R. BLOCK, Secretary of Agriculture, et al. NAVAJO MEDICINEMEN'S ASSOCIATION, et al., Appellants, v. John R. BLOCK, Secretary of Agriculture, et al. NAVAJO MEDICINEMEN'S ASSOCIATION, et al., Appellants, v. John R. BLOCK, Secretary of Agriculture, et al. The HOPI INDIAN TRIBE, Appellant, v. John R. BLOCK, Secretary of Agriculture, et al. Richard F. WILSON and Jean Wilson, husband and wife, Appellants, v. John R. BLOCK, Secretary of Agriculture, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 1983.


Attorney(s) appearing for the Case

John Paul Kennedy, Salt Lake City, Utah, with whom David B. Lee, Salt Lake City, Utah, was on the brief, for Hopi Indian Tribe, appellant in Nos. 81-1912 and 82-1706. C. Benson Hufford, Tuba City, Ariz., also entered an appearance for appellant, in No. 81-1912. Richard M. Hymas, Salt Lake City, Utah, also entered an appearance for Hopi Indian Tribe in Nos. 82-1705, 82-1706 and 82-1725.

John A. MacKinnon, Tuba City, Ariz., with whom Elizabeth Bernstein and C. Benson Hufford, Tuba City, Ariz., were on the brief, for Navajo Medicinemen's Association, et al., appellants in Nos. 81-1956 and 82-1705. Daniel S. Press, Window Rock, Ariz., also entered an appearance for appellants in No. 81-1956. C. Benson Hufford, Tuba City, Ariz., also entered an appearance for Navajo Medicinemen's Association, et al., in No. 82-1725.

Charles R. Work, Chicago, Ill., with whom Robert W. Warden, Douglas J. Wall, Flagstaff, Ariz., John A. Hodges, and Robert A. Warden, Washington, D.C., were on the brief, for Richard F. Wilson and Jean Wilson, appellants in Nos. 81-1905 and 82-1725, and amici curiae in Nos. 81-1912, 81-1956, 82-1705 and 82-1706.

Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C., with whom Patricia J. Beneke and Robert L. Klarquist, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellees. Robert D. Clark, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for appellees in Nos. 81-1905, 81-1912 and 81-1956.

Richard McCune Shannon, Phoenix, Ariz., and Stephen P. Kling, Baltimore, Md., were on the brief for appellee, Northland Recreation Inc.

Ellen Leitzer, Albuquerque, N.M., was on the brief, for Eastern Band of Cherokee Indians, et al., amici curiae urging reversal in Nos. 81-1905, 81-1912 and 81-1956.

Before TAMM and GINSBURG, Circuit Judges, and LUMBARD, Senior Circuit Judge, United States Court of Appeals for the Second Circuit.


Opinion for the Court filed by Senior Circuit Judge LUMBARD.

LUMBARD, Senior Circuit Judge:

These appeals challenge the grant of summary judgment by the District Court for the District of Columbia which affirmed the decisions of the Forest Service and the Department of Agriculture to permit private interests to expand and develop the government-owned Snow Bowl ski area on the San Francisco Peaks in the Coconino National...

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