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UNITED STATES v. MEANS

Nos. CIV 81-5131, CIV 81-5135.

627 F.Supp. 247 (1985)

UNITED STATES of America, Plaintiff, v. William A. MEANS, et al., Defendants. William A. MEANS, et al., Plaintiffs, v. James R. MATHERS, et al., Defendants.

United States District Court, D. South Dakota, W.D.

December 9, 1985.

Attorney(s) appearing for the Case

Larry Leventhal, Minneapolis, Minn., and Bruce Ellison, Rapid City, S.D., for the Indians.

Phil Hogen, U.S. Atty., Sioux Falls, S.D., and Reed Rasmussen, Asst. U.S. Atty., Rapid City, S.D., for the Government.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

DONALD E. O'BRIEN, Chief Judge.

This matter involves a controversy over whether or not the denial of a "special use permit" by the Forest Service was arbitrary and capricious. The Court finds that it was and that it has the effect of discriminating against Indians who were trying to practice their religion and the decision to deny was based on a clear error of judgment. The Forest Service is directed to again...

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