Legal Opinion

United States v. Board of Trustees of Florida Keys Community College

District Court, S.D. Florida

Decided September 3, 1981No. 80-2894-Civ-CAPublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION

ATKINS, Chief Judge.

THE ABOVE CAUSE was before the Court for a non-jury trial on May 18,19 and August 3, 1981.

The United States seeks restoration of an open water slough on the edge of the Florida Bay, which it contends was filled by defendants in violation of the Rivers and Harbors Appropriation Act of 1899, 33 U.S.C. § 403 and the Clean Water Act, 33 U.S.C. §§ 1311, 1344. Defendants concede the failure to obtain a necessary federal permit for the fill work. Defendant Charley Toppino & Sons, Inc. contends it should not be held liable for any of the unauthorized work since…

2Cases cited10 opinions

  1. United States of America, and Cross v. Earth Sciences, Inc., and CrossCourt of Appeals for the Tenth Circuit · 1979
  2. Zabel v. TabbCourt of Appeals for the Fifth Circuit · 1970
  3. Sierra Club v. Abston Construction Co., Inc., State of Alabama Ex Rel., Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1980
  4. United States v. Sexton Cove Estates, Inc.Court of Appeals for the Fifth Circuit · 1976
  5. Weiszmann v. District Engineer, U. S. Army Corps of EngineersCourt of Appeals for the Fifth Circuit · 1976

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3Cited by19 opinions

  1. United States v. M.C.C. of Florida, Inc.Court of Appeals for the Eleventh Circuit · 1985
  2. United States v. LambertDistrict Court, S.D. West Virginia · 1996
  3. United States v. TullDistrict Court, E.D. Virginia · 1983
  4. United States v. LarkinsDistrict Court, W.D. Kentucky · 1987
  5. Assateague Coastkeeper v. Alan & Kristin Hudson FarmDistrict Court, D. Maryland · 2010

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