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Save the Dunes Council v. Brown

Citation: 7 ELR 20518
No. No. S73-157, (N.D. Ind., 05/10/1977)

The district court grants defendant's motion to dismiss plaintiffs' action to compel the Secretary of the Army to remedy erosion caused by federal harbor structures occurring along the Indiana Dunes National Lakeshore. The court has jurisdiction to issue a writ of mandamus to compel a federal official to perform a ministerial or discretionary act, but not to direct or control the results of the discretionary conduct unless the federal official has abused his discretion. The Secretary's current consideration of the erosion problem — preparation of a preliminary study — is a proper exercise of a discretionary act.

Counsel for Plaintiffs
Donald Dreyfus
504 Broadway, Gary IN 46402
(219) 885-5551

Marshall Patner
109 N. Dearborn, Chicago IL 60602
(312) 641-5570

Counsel for Defendant
Richard Kieser, Acting U.S. Attorney
Federal Building, South Bend IN 46601
(219) 232-3086