ELR Citation: ELR 20668
No(s). 89-2412 (7th Cir. Apr 10, 1990)

The court rules that the Secretary of the Interior is not compelled to purchase a portion of a sand dune to add to a national lake shore where the market value of the property is greater than the amount prescribed by Congress in the authorizing statute. Congress authorized the Secretary of the Interior to purchase part of the Crescent Dune to add to the Indiana Dunes National Lake Shore only if it could be acquired for not more than $800,000. Because the market value of the dune was greater than this amount, mandamus is not available to compel the Secretary to purchase the dune.

The concurring opinion emphasizes that mandamus is not available for a discretionary act.

Counsel for Plaintiff-Appellant
Donald Evans
Evans & Evans
7 Napoleon St., Valaparaiso IN 46383
(219) 462-5128

Counsel for Defendant-Appellee
Andrew Baker
U.S. Attorney's Office
Federal Bldg., 507 State St., 14th Fl., Hammond IN 46320
(219) 937-5215

Before CUMMINGS, FLAUM, and RIPPLE, Circuit Judges.