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MEADOW GREEN-WILDCAT CORP. v. HATHAWAY

No. 90-1788.

936 F.2d 601 (1991)

MEADOW GREEN-WILDCAT CORPORATION, d/b/a Wildcat Mountain Ski Area, Plaintiff, Appellant, v. Michael B. HATHAWAY, etc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 20, 1991.

Attorney(s) appearing for the Case

Randall F. Cooper with whom Cooper, Fauver & Deans, P.A. was on brief, North Conway, for plaintiff, appellant.

Nancy E. Hart, Asst. U.S. Atty., with whom Jeffrey R. Howard, U.S. Atty., was on brief, Concord, N.H., for defendant, appellee.

Before BREYER, Chief Judge, ALDRICH, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

BREYER, Chief Judge.

This case turns on the meaning of the word "error" in a land use permit that the Forest Service issued to a ski resort owner. See 16 U.S.C. § 497. It raises a difficult question about the standard of review that a court should apply to the Forest Service's own interpretation of such a document. Ultimately, we decide that, for reviewing purposes, we should treat the permit (called a "Term Special Use Permit") as if it were a kind of...

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