Perley M. Lewis and Mildred C. Lewis v. Stewart L. Udall, as Secretary of the United States Department of the Interior

This is an appeal from the entry of summary judgment against appellants. The district court’s jurisdiction was based on 5 U.S.C. § 1009 and 28 U.S.C. § 1361 ; and this court’s jurisdiction on 28 U.S.C. § 1291 .

Under 43 U.S.C. § 1171 the Secretary of the Interior is authorized to sell certain isolated tracts of public land. The procedure for accomplishing this, however, provides that owners of contiguous land shall have the right to purchase the tract at the highest bid. The Secretary cannot sell any tract for less than the appraised value.

A sale was conducted under 43 U.S.C. § 1171 of 160.62 acres of public land in Maricopa County, Arizona. The high bid was $9,150, compared to the appraised value of $8,031. Appellants and three other owners of contiguous lands asserted their preferential rights and deposited with the Land Office the bid price of $9,150. The Phoenix Land Office manager declared appellants on December 4, 1959, to be qualified preference claimants. Appellants did everything necessary to complete the transactions and awaited the issuance of a cash certificate and patent to the land.

In February of 1960 the Secretary issued a press release in regard to safe guards…