Sylvester v. Army Corps of Engineers
United States Court of Appeals for the Ninth Circuit
882 F.2d 407 (9th Cir. 1989)
The Perini Land & Development Co. planned to develop a resort, including a golf course. Construction of the golf course required the filling of 11 acres of wetland. Perini applied for a permit from the Army Corps of Engineers (defendant) under section 404 of the Clean Water Act. The Army Corps of Engineers approved the permit. Sylvester (plaintiff) sued the Army Corps of Engineers, seeking both to invalidate the permit and a preliminary injunction to halt construction of the golf course. The trial court denied the preliminary injunction, and Sylvester appealed.
Rule of Law
Holding and Reasoning (Sneed, J.)
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