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BEAVER, BOUNTIFUL, ENTERPRISE v. ANDRUS

No. 79-2267.

637 F.2d 749 (1980)

BEAVER, BOUNTIFUL, ENTERPRISE, Ephraim, Fairview, Fillmore, Heber, Holden, Hurricane, Hyrum, Kanosh, Kaysville, Lehi, Logan, Meadow, Monroe, Morgan, Mt. Pleasant, Murray, Oak City, Parowan, Spring City and St. George, Municipal Corporations and Bodies Politic of the State of Utah, and Anaheim, Burbank, Glendale, Pasadena, Riverside and Los Angeles, Municipal Corporations and Bodies Politic of the State of California, and Intermountain Power Project, a Nonprofit Corporation of the State of Utah, Plaintiffs-Appellees, v. Cecil D. ANDRUS, Secretary, United States Department of the Interior; Frank Gregg (Formerly Curt Berklund), Director of the Bureau of Land Management, United States Department of the Interior; Gary J. Wicks (Formerly Paul Howard), Director of the Utah State Office of the Bureau of Land Management, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided December 5, 1980.

Attorney(s) appearing for the Case

George K. Fadel, Bountiful, Utah, for plaintiffs-appellees.

David Shilton, Dept. of Justice, Washington, D.C. (James W. Moorman, Asst. Atty. Gen., Jacques B. Gelin and James J. Tomkovicz, Attys., Dept. of Justice, Washington, D.C., and Ronald D. Rencher, U.S. Atty., and Wallace Boyack, Asst. U.S. Atty., Salt Lake City, Utah, with him on the brief) for defendants-appellants.

Before McWILLIAMS, DOYLE and McKAY, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is an appeal by the Secretary of the Interior and others from a final judgment based on the grant of summary judgment on motion of the Plaintiffs-Appellees below. The plaintiffs had applied for permits and rights-of-way over federal lands in order to construct and operate electric power generating and distribution facilities. The Secretary of the Interior determined that the plaintiffs did not qualify for exemption from the recovery...

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