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HUDSON RIVER DEFENSE LEAGUE v. CORPS OF ENGINEERS

No. 86 Civ. 3788 (EW).

662 F.Supp. 179 (1987)

The HUDSON RIVER DEFENSE LEAGUE; the Hudson River Fishermen's Association; Rockland County Conservation Association, Inc.; Michael Elliot; Constance P. Voss; Lloyd A. Hamilton; Kenneth M. Morris; and Virginia B. Morris, Plaintiffs, v. CORPS OF ENGINEERS, UNITED STATES ARMY; Colonel Fletcher H. Griffis as District Engineer, New York District, Corps of Engineers, United States Army; Eberhard Thiermann; and Ingrid Thiermann, Defendants.

United States District Court, S.D. New York.

June 11, 1987.

Attorney(s) appearing for the Case

Sive, Paget & Riesel, P.C., New York City, for plaintiffs; David Sive, of counsel.

Rudolph Giuliani, U.S. Atty., for S.D. N.Y., New York City, for Federal defendants; Amy Rothstein, Asst. U.S. Atty., of counsel.

Waters, McPherson, McNeil, P.A., Seacaucus, N.J., for defendants Eberhard Thiermann and Ingrid Thiermann; Daniel E. Horgan, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Defendants Eberhard and Ingrid Thiermann own a parcel of land on the bank of the Hudson River in the town of Grand View-on-Hudson, New York. Since the early 1970's, they have sought permits from defendant United States Army Corps of Engineers (the Corps) that would authorize them to place fill in the river to enlarge their property or protect it from erosion and thereby enable them to build a home. The result has...

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