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AMERICAN LITTORAL SOC. v. HERNDON

No. 88-8144-CIV.

720 F.Supp. 942 (1988)

AMERICAN LITTORAL SOCIETY, Audubon Society of Everglades, Coral Reef Society, Save & Protect our Acquatic Resources & Environment, Sierra Club, Norine Rouse, John Kordisch, Jack C. Dilgen, William J. Turbeville, Donald Koller, Mark Roman, Stuart Shulman, Plaintiffs, v. Col. Robert T. HERNDON, District Engineer, U.S. Army Corps. of Engineers, Lt. Gen. E.R. Heiberg, II, Maj. Gen. Ernest Edgar, III, and City of Boca Raton, Defendants.

United States District Court, S.D. Florida, West Palm Beach Division.

June 10, 1988.

Attorney(s) appearing for the Case

Kenneth W. Lipman, Boca Raton, Fla., Jonathan L. Shepard, Howard I. Fox, Eric P. Jorgensen, Sierra Club Legal Defense Fund, Washington, D.C., for plaintiffs.

Office of U.S. Atty., Miami, Fla., Stephen Samuels, Land and Natural Resources Div., Environmental Defense Section, Washington, D.C., John Brady, U.S. Army Corps. of Engineers, Jacksonville, Fla., Alfred J. Malefatto, West Palm Beach, Fla., for defendants.

ORDER DENYING PRELIMINARY AND PERMANENT INJUNCTION

ROETTGER, District Judge.

PREFACE

Various environmental groups and individuals filed suit against the Army Corps of Engineers, Secretary of the Army and the City of Boca Raton seeking to block the permit for the beach nourishment project on a portion of Boca Raton's north beach. Plaintiffs have no quarrel with the City's having expended funds for the mitigation aspects of the permit and the mitigation...

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