ELR Citation: ELR 20500
No(s). 2895 (S.D. Ga. Mar 12, 1973)

Presentation of evidence insufficient to prove estoppel or laches as a defense to a violation of the Rivers and Harbors Act of 1899 may still be relevant in determining the character of equitable relief. The defendant violated the Act when he constructed a causeway over a marsh adjacent to a navigable stream. The court reserves judgment as to whether and when the entire fill will be required to be removed, and orders removal in part until a later hearing. See Comment, Dikes and Causeways in Navigable Waters, 2 ELR 10019 (Mar. 1972).

Counsel for Plaintiffs
R. Jackson B. Smith Jr., U.S. Attorney
Augusta, GA 30903

Counsel for Defendant
Alphene W. Dowell
543 E. 60th St.
Savannah, GA 31405