United States v. J.H.T., Inc.
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
DYER, Senior Circuit Judge:
The United States appeals a district court order which awarded Sunland Estates, Inc.1 fees and costs in the amount of $25,610.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (1982). The United States argues that the fee application was time barred by the Act. We agree and reverse.
In 1971, J.H.T., Inc. dredged a canal in southern Florida and placed fill below the mean high water mark without first obtaining a permit under Section 10 of the Rivers and Harbors Appropriations Act of 1899, 33 U.S.C. § 403 (1982), from the Corps of Engineers. The…
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