1. Home
  2. Browse Decisions
  3. F.Supp.
  4. 435 F.Supp.
  5. 435 F.Supp. 775 (1977)
 

CONSERVATION COUNCIL OF NORTH CAROLINA v. FROEHLKE

No. C-184-D-71.

435 F.Supp. 775 (1977)

CONSERVATION COUNCIL OF NORTH CAROLINA, James C. Wallace, Paul E. Fearington and wife, Ruby B. Fearington, Agnes M. Sparrow, and Ecos, Inc., et al., Plaintiffs, v. Robert F. FROEHLKE, Secretary of the Army, Lieutenant General Frederick B. Clark, Chief of Engineers, Corps of Engineers of the United States Army, and Colonel Albert Costanzo, Wilmington District Engineer, Corps of Engineers of the United States Army, Defendants, The City of Fayetteville, a Municipal Corporation and Cumberland County, a political subdivision of the State of North Carolina, Intervenors, The City of Wilmington, a Municipal Corporation, New Hanover County, Pender County, Columbus County, political subdivisions of the State of North Carolina, and the Lower Cape Fear Water and Sewer Authority, a public instrumentality of the State of North Carolina, Intervenors, The City of Dunn and the Towns of Erwin and Lillington, Municipal Corporations, and Harnett County, a political subdivision of the State of North Carolina, Intervenors, The City of Sanford, a Municipal Corporation, Intervenor.

United States District Court, M. D. North Carolina, Durham Division.

July 28, 1977.

Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N. C., for plaintiffs.

Office of Counsel, U. S. Army Corps of Engineers, Wilmington, N. C., and N. Carlton Tilley, Jr., U. S. Atty., Greensboro, N. C., for defendants.

Rudolph G. Singleton, Jr., Fayetteville, N. C., for intervenors, City of Fayetteville and Cumberland County.

James C. Fox, Wilmington, N. C., for intervenors, City of Wilmington, etc.

Wiley F. Bowen, Dunn, N. C., for intervenors, City of Dunn et al.

Lowry M. Betts, Sanford, N. C., for intervenor, City of Sanford.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND OPINION

GORDON, Chief Judge.

This case represents a continuation of a relatively new and growing subject of federal court litigation relating to the effect of man's projects upon his environment. More specifically, this matter is before the Court for review of the Army Corps of Engineer's decision to proceed with the impoundment of the B. Everett Jordan Lake. For the reasons which follow, the Court sustains the Corps...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases