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MARDIS v. BIG NANCE CREEK WATER MANAGEMENT DIST.

No. 82-HM-5324-NE.

578 F.Supp. 770 (1983)

Glen C. MARDIS, et al., Plaintiffs, v. BIG NANCE CREEK WATER MANAGEMENT DISTRICT; Lawrence County Soil and Water Conservation District; Lawrence County Commission; Clyde Cameron, Oklie Lanier, Jerry Graham, Rayburn Beck and Rayburn Pierce, individually and in their capacities as members of the Lawrence County Commission; Town Council of Courtland, Alabama, a municipal corporation; D.L. Martin, Jr., J.A. Lovelady, Jr. and H.A. Pippen, Jr., individually and in their capacities as commissioners of Big Nance Creek Water Management District [State Defendants], and John Block, Secretary of Agriculture of the United States Government [Federal Defendant].

United States District Court, N.D. Alabama, Northeastern Division.

December 2, 1983.

Attorney(s) appearing for the Case

John L. Sims, Hartselle, Ala., for plaintiffs.

D.L. Martin, Moulton, Ala., for all defendants except John Block, Sec. of Agr.

Frank S. James, III, Asst. U.S. Atty., Birmingham, Ala., for defendant John Block, Secretary of Agr.

MEMORANDUM OPINION

HALTOM, District Judge.

Plaintiffs, owners of land within the Big Nance Creek Water Management District in Lawrence County, Alabama, brought this action to enjoin the federal and state defendants from proceeding with the construction of proposed floodwater retarding structure Site No. 4 to be located on Crooked Creek in the Loosier Community within the Big Nance Creek Watershed. Plaintiffs allege that the failure of the Soil Conservation...

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