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LASSEN v. ARIZONA HIGHWAY DEPT.

No. 84.

385 U.S. 458 (1967)

LASSEN, COMMISSIONER, STATE LAND DEPARTMENT v. ARIZONA EX REL. ARIZONA HIGHWAY DEPARTMENT.

Supreme Court of United States.

Decided January 10, 1967.

Attorney(s) appearing for the Case

John P. Frank argued the cause for petitioner. With him on the briefs were Darrell F. Smith, Attorney General of Arizona, by Dale R. Shumway and Dix W. Price.

Rex E. Lee argued the cause for respondent. With him on the brief were Darrell F. Smith, Attorney General of Arizona, by John T. Amey, Assistant Attorney General, and J. A. Riggins, Jr.

Assistant Attorney General Weisl, by special leave of Court, argued the cause for the United States, as amicus curiae, urging reversal. With him on the brief were Solicitor General Marshall and Richard A. Posner.

John J. O'Connell, Attorney General, and Harold T. Hartinger, Assistant Attorney General, filed a brief for the State of Washington, as amicus curiae, urging reversal.

John J. O'Connell, Attorney General of Washington, and John R. Miller, Assistant Attorney General, filed a brief for the Washington Parks and Recreation Commission, as amicus curiae, urging affirmance.

MR. JUSTICE HARLAN delivered the opinion of the Court.

This action was brought as an original proceeding in the Supreme Court of Arizona by the State on the relation of its Highway Department. The Department seeks to prohibit the application by the State Land Commissioner of rules governing the acquisition of rights of way and material sites in federally donated lands held in trust by the State.1 The Commissioner's rules provide in pertinent...

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