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FRIENDS OF SHAWANGUNKS, INC. v. CLARK

No. 293, Docket 84-6207.

754 F.2d 446 (1985)

FRIENDS OF the SHAWANGUNKS, INC., Sarah L. Johnston, John Johnsen, Keith LaBudde, and Frank Wright, Appellants, v. William CLARK, Secretary, United States Department of the Interior, Russell E. Dickenson, Director, National Park Service, James W. Coleman, Jr., Regional Director, National Park Service, Mid-Atlantic Region, and Don H. Castleberry, Deputy Regional Director, National Park Service, Mid-Atlantic Region, Appellees, and Marriott Corporation, Intervenor-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 25, 1985.

Attorney(s) appearing for the Case

Philip M. Dixon, Albany, N.Y. (Philip H. Gitlen, Whiteman Osterman & Hanna, Albany, N.Y., of counsel), for appellants.

Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., William P. Fanciullo, Asst. U.S. Atty., Albany, N.Y., for appellees.

Benjamin R. Pratt, Jr., Miller, Mannix, Lemery & Kafin, P.C., Glens Falls, N.Y., for intervenor-appellee Marriott Corp.

Before OAKES and KEARSE, Circuit Judges, and POLLACK, District Judge.

OAKES, Circuit Judge.

This case presents the novel question whether amendment of a conservation easement acquired in part with federal funds under the Land and Water Conservation Fund Act of 1965 as amended, 16 U.S.C. §§ 460l-4 to 460l-11 (1982), so as to permit expansion of a golf course with limited access constitutes a conversion "to other than public outdoor recreation uses" under section 6(f)(3) of the Act, 16 U.S.C. § 460l

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