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CONCERNED CITIZENS, ETC. v. PINE CREEK CONSERVANCY

No. C-1-75-5.

473 F.Supp. 334 (1977)

CONCERNED CITIZENS OF SOUTHERN OHIO, INC., et al., Plaintiffs, v. The PINE CREEK CONSERVANCY DISTRICT et al., Defendants.

United States District Court, S. D. Ohio, W. D.

August 29, 1977.

Attorney(s) appearing for the Case

Michael N. Tousey, Columbus, Ohio, for plaintiffs.

Duke W. Thomas, Columbus, Ohio, for defendants.

Herbert Creech, Dayton, Ohio, for amicus.

Before PECK, Circuit Judge, PORTER, Chief Judge, and HOGAN, District Judge.

MEMORANDUM

HOGAN, District Judge.

This case was filed in 1975. The plaintiffs sought a declaratory judgment declaring the Ohio Conservancy Act unconstitutional and enjoining the defendant Conservancy District from proceeding thereunder. A three-judge district court was convened and, on July 6, 1976, it concluded that the claims of the plaintiffs were foreclosed by Orr v. Allen, 248 U.S. 35, 39 S.Ct. 23, 63 L.Ed. 109...

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