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GABLES BY THE SEA, INC. v. LEE

Civ. No. 73-752-WM.

365 F.Supp. 826 (1973)

GABLES BY THE SEA, INC., a Florida corporation, v. Emmett C. LEE, Jr., Colonel, U. S. Army Corps of Engineers, and District Engineer, Department of the Army, Jacksonville, Florida District, et al.

United States District Court, S. D. Florida.

October 16, 1973.

Attorney(s) appearing for the Case

Sibley, Giblin, Levenson & Ward, Miami Beach, Fla., for plaintiff.

Robert W. Rust, U. S. Atty., by Robert N. Reynolds, Asst. U. S. Atty., Miami, Fla., James R. Walpole, Atty., Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM OPINION

MEHRTENS, District Judge.

This suit, brought against the United States and certain named individuals is, in essence, a challenge of the administrative determination made by the Corps of Engineers to deny the plaintiff's application for a "dredge and fill permit" pursuant to 33 U.S.C. § 403. A brief account of the facts alleged in the Complaint will precede a discussion of the legal issues.

In 1956 the Corps of Engineers issued...

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