Preliminary injunction granted to halt further filling by the New York National Guard and to remove all present filling of wetland marsh adjoining military camp. The federal court has jurisdiction because the tidal marsh is within the navigable waters of the United States under the Rivers and Harbor...
Section 4(f) of the Department of Transportation Act prohibits the Secretary of Transportation from dividing a proposed highway project into segments for the purposes of route approval where the effect of such a piecemeal approach would be to leave planners with no alternative but to condemn parklan...
District court correctly dismissed action where plaintiff sought temporary injunction claiming Special Use Permit granted defendant by Forest Supervisor permitting use of unpatented millsite for trailer camp and adjacent sewage facility was illegal and that operation of facilities would constitute a...
A 1968 amendment to the Florida Constitution authorizes public financing of purely private projects in certain specified circumstances. County construction of an industrial waste water treatment plant through the proceeds of bonds sold to the paper mill for whom the plant was being constructed falls...
Plaintiffs' motion for preliminary injunction to block state acquisition of title to land through eminent domain proceedings in connection with legislatively approved expansion of Stewart Airport near Newburgh, N.Y., on grounds that such proceedings cannot antedate approval of the proposed expansion...
Kansas City Charter provision affording corporate landowners right to common-law jury trial by 12 in condemnation proceeding but restricting private individuals to trial by six freeholders chosen by the city violates equal protection clause of Fourteenth Amendment to U.S. Constitution and correspond...
Lower court temporary injunction issued under Texas Water Quality Act requiring defendant chemical corporation to take the steps necessary to prevent surface waters and tidal waters from carrying arsenic in concentrations of more than one part per million from defendant's property into or close to n...
Plaintiffs' request for declaratory judgment holding Michigan Water Pollution Control Act of 1970 unconstitutional on grounds of federal preemption, undue burden on interstate commerce, interference with uniform maritime law, violation of the due process and equal protection, and vagueness, denied a...
Plaintiff's attempt to bring qui tam action against alleged polluters of Roaring Fork River in Pitkin County, Colorado, must fail, because the Rivers and Harbors Act of 1899, the alleged violation of which gives rise to this action, is penal in nature and gives no right to private individuals to pro...
Plaintiffs, riparian land owners, and intervenor, the state of Michigan, are equitably estopped from obtaining injunction requiring defendant developer to terminate canal project and fill in canals already excavated despite trial court finding that additional traffic on lake would be "straw that bro...