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Johnson v. Morton

Citation: 2 ELR 20076
No. No. 71-1375, 456 F.2d 68/3 ERC 1669/(5th Cir., 02/03/1972) Rev'd

The district court decision which enjoined the Secretary of Interior's grant of federal Land and Water Conservation funds to Texas for acquisition of lands on Mustang Island for park purposes, Johnson v. Russell, 1 ELR 20481 (W.D. Tex. Feb. 12, 1971), reversed because plaintiffs lack standing to challenge the Secretary's action. The plaintiffs' allegation that they are interested in the orderly development of the state's parks and that the acquisition of Mustang Island by the state is inconsistent with this orderly development does not allege injury in fact which is caused by the Secretary's approval of the grant.

Counsel for Plaintiffs
W. Robert Brown
510 Gulf Building
Houston, Texas 77002

Counsel for Federal Defendants
Seagal Wheatley U.S. Attorney
204 Austin Bank Building
Austin, Texas 78711

Counsel for State Defendants
W. O. Schultz II Asst. Attorney General
Box 12548, Capitol Station
Austin, Texas 78711

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.