Lloyd Schade, Cross-Appellee v. Cecil Andrus, Secretary of the Interior, Cross-Appellant

This case arose under 43 U.S.C. § 687a which provides that one in possession of public land in Alaska can purchase up to 80 acres for $2.50 an acre if the land is “needed” in the prosecution of productive industry.

In 1964, Lloyd Schade applied to purchase 80 acres on which he was operating a slaughterhouse. The Anchorage District & Land Office of the Department of Interior originally approved the purchase of 60 acres. After a series of administrative hearings and appeals the final administrative decision, by the U. S. Department of Interior Office of Hearings and Appeals, approved only 30 acres. Strong dissents by two members of the Hearings & Appeals board reflected their view that Schade was entitled to an additional 22'/2 acres. That acreage comprised the watershed area for the spring which Schade used as the source of pure water required for the slaughterhouse operation.

Schade sought review in district court under 28 U.S.C. §§ 1331 and 1361. Schade claimed that he was entitled on summary judgment to the full 60 acres originally awarded by the land office or, in the alternative, that he was at least entitled to the 22lh acre watershed. The district court held that Schade…