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City of Virginia Beach v. Champion International Corp.

Civ. 84-10-N (1984)

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City of Virginia Beach v. Champion International Corp.

United States District Court for the District of Virginia
Civ. 84-10-N (1984)

Facts

The City of Virginia Beach (Virginia Beach) (plaintiff) filed a complaint for declaratory relief against Champion International Corporation, Weyerhauser Company, and a class comprising all owners of riparian lands on the Roanoke River below the Roanoke Rapids Dam (Roanoke River Riparians) (defendants). Virginia Beach sought a declaratory judgment that the Roanoke River Riparians had no right to use water that would be diverted from the Roanoke River. Virginia Beach, a municipal corporation, sought to construct a pump station and pipeline system to transport water for municipal use for its growing population. The complaint alleged that the existing waterworks on the Roanoke were built for flood control and had exceedingly large quantities of surplus water available after all downstream flow requirements were fulfilled. The amount of water Virginia Beach would divert from the Roanoke River due to the construction project constituted such a minute fraction that no Roanoke River Riparian would be damaged in any way.

Rule of Law

Issue

Holding and Reasoning ()

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