DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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163899P.pdf 04/30/2018 Lee Simmons v. Michael Reynolds
U.S. Court of Appeals Case No: 16-3899
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] {Kelly, Author, with Benton and Shepherd, Circuit Judges]
Civil case - Administrative Procedures Act. In action alleging the
National Park Service violated Section 706 of the Administrative
Procedures Act in establishing the boundaries of the Niobrara Scenic River
Area, the district court did not err in granting summary judgment for the
Park Service; the process the Park Service used in identifying land
possessing outstanding remarkable values did not conflict with this
court's directions in a prior challenge to the drawing of the boundaries
in Sokol v. Kennedty, 210 F.3d 876 (8th Cir. 2000); the Park Service did
not act arbitrarily and capriciously in setting the boundary on
plaintiff's property; the record does not support plaintiff's theory that
the boundaries were drawn out of personal animus towards him and there is
no evidence that he was treated differently than any other affected
property owner.