Noren
Noren v. Beck
Opinion
Opinion
Crocker, J.
This is an action wherein plaintiffs seek, under the provisions of Title 5 United States Code Annotated § 1009(e) of the Administrative Procedure Act, a trial de novo concerning various administrative determinations made within the Bureau of Land Management, Department of the Interior, in connection with certain land entries filed by them.
The plaintiffs, among other things, allege in their complaint that the administrative action within the Department of the Interior was “arbitrary, capricious, discriminatory, unlawful, illegal, and a denial of rights accorded plaintiffs, in that the soil in the case of all * * * applications heretofore mentioned was and is of substantially the same type and character and in truth and in fact the land in each of the * * * applications for desert land entry heretofore mentioned was and is land, not timber or known mineral, which by appropriate reclamation methods and with irrigation can be made to produce abundant agricultural crops of various kinds as shown by actual agricultural operations on land of substantially the same type and character in the immediate vicinity and in the same soil classification and by recognized agricultural…