Harry E. Hoover v. The United States Department of the Interior

AINSWORTH, Circuit Judge:

Appellant Harry E. Hoover, owner of the “Blowing Wind Cave” in Alabama, brought this suit under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552(a)(4)(B), to *1135compel the Department of the Interior to make available for inspection and copying an appraisal report made relative to appellant’s cave and surrounding lands. The district court dismissed the suit because of the pendency of a subsequently filed condemnation proceeding brought by the Department to acquire Hoover’s property. On appeal, appellant contends that he is entitled under the FOIA to obtain the…