Schumacher v. United States

OPINION

MARGOLIS, Judge.

Plaintiff Vernon W. Schumacher brought this action for breach of an express oral agreement by the National Park Service (NPS) of the Department of the Interior granting him a permit to construct and operate a fish processing plant in the remote area of Dry Bay, Alaska. Defendant moved for summary judgment asserting that the plaintiff failed to exhaust his administrative remedies, that the failure to grant a special use permit after so promising sounds in tort, and that there was no contract, either express or implied in fact, to issue the permit to plaintiff. Plaintiff…