Legal Opinion

Gables by the Sea, Inc. v. Lee

District Court, S.D. Florida

Decided October 16, 1973No. Civ. 73-752-WMPublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION

MEHRTENS, District Judge.

This suit, brought against the United States and certain named individuals is, in essence, a challenge of the administrative determination made by the Corps of Engineers to deny the plaintiff’s application for a “dredge and fill permit” pursuant to 33 U.S.C. § 403. A brief account of the facts alleged in the Complaint will precede a discussion of the legal issues.

In 1956 the Corps of Engineers issued a dredge and fill permit to Gables Venetian Waterway, Inc., predecessor in title to plaintiff in the instant action. The permit authorized dredging and…

2Cases cited9 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Camp v. PittsSupreme Court of the United States · 1973
  3. Federal Communications Commission v. SchreiberSupreme Court of the United States · 1965
  4. National Screen Service Corporation v. The Poster Exchange, Inc.Court of Appeals for the Fifth Circuit · 1962
  5. City of Chicago, Illinois v. Federal Power Commission, Pipeline Production Group, IntervenorsCourt of Appeals for the D.C. Circuit · 1972

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Taylor v. District EngineerCourt of Appeals for the Fifth Circuit · 1978
  2. Citizens Committee Against Interstate Route 675 v. LewisDistrict Court, S.D. Ohio · 1982
  3. Shoreline Associates v. MarshDistrict Court, D. Maryland · 1983
  4. Dzialo v. United StatesUnited States Court of Claims · 1984
  5. Environmental Defense Fund, Inc. v. AlexanderDistrict Court, N.D. Mississippi · 1980

11 more not listed; retrieve them via the Exa API.

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