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CENTER HILL DEFENSE FUND v. ARMY CORPS OF ENGINEERS

No. 2:94-0065.

886 F.Supp. 1389 (1995)

The CENTER HILL DEFENSE FUND v. UNITED STATES ARMY CORPS OF ENGINEERS, NASHVILLE DISTRICT; Lt. Col. J. David Norwood, District Engineer for the Nashville District of the United States Army Corps of Engineers; Center Hill Marina and Yacht Club, Inc., now known as Cove Hollow Resort, Inc.; Gary and Carol Demik, Individually and d/b/a Hidden Harbor Marina at Holmes Creek; Cookeville Boat Dock & Resort, Inc.; and Sligo, Co., Inc.

United States District Court, M.D. Tennessee, Northeastern Division.

May 9, 1995.

Attorney(s) appearing for the Case

John Parker Branham and Donald Neil Capparella, Branham & Way, Nashville, TN, for plaintiff.

Wm. Lee Deneke, Asst. U.S. Atty., Nashville, TN, T. Eugene Jared, Cookeville, TN, and John K. Maddin, Maddin, Miller & McCune, Nashville, TN, for defendants.

MEMORANDUM

MORTON, Senior District Judge.

I. INTRODUCTION

This conflict arose after four private marinas began charging a $5 fee for use of their boat launching facilities at Center Hill Lake in May 1994. The marinas lease the property from the United States Army Corps of Engineers (the "Corps"). A group of boat owners brought suit against the Corps and the four marinas to put a stop to the user fees or, in the alternative, to limit the...

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