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FRIENDS OF TIMS FORD v. TENNESSEE VALLEY AUTHORITY

No. 08-5706.

585 F.3d 955 (2009)

FRIENDS OF TIMS FORD, Plaintiff-Appellant, v. TENNESSEE VALLEY AUTHORITY; James H. Fyke, in his official capacity as Commissioner, Tennessee Department of Environment and Conservation, Defendants-Appellees, City of Winchester, Tennessee; Rec Development, LLC; Parcel 71-1 Dock Association, LLC; Twin Creeks Development, LLC; Rocky Top Lakeshore Development, LLC; Winchester Marina, LLC; Donald Minor, Intervening Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 6, 2009.

Attorney(s) appearing for the Case

ARGUED: Gregory D. Buppert, Dodson, Parker, Behm & Capparella, P.C., Nashville, Tennessee, for Appellant. Harriet A. Cooper, Tennessee Valley Authority, Knoxville, Tennessee, Elizabeth P. McCarter, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellees. ON BRIEF: Gregory D. Buppert, Dodson, Parker, Behm & Capparella, P.C., Nashville, Tennessee, Joe W. McCaleb, Joe W. McCaleb and Associates, Primm Springs, Tennessee, Frank M. Fly, Bullock, Fly and Hornsby, Murfreesboro, Tennessee, for Appellant. Harriet A. Cooper, John E. Slater, William T. Terrell, Tennessee Valley Authority, Knoxville, Tennessee, Elizabeth P. McCarter, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellees. Clifton N. Miller, Henry, McCord, Bean, Miller, Gabriel & LaBar, PLLC, Tullahoma, Tennessee, for Intervenors.

Before: KEITH, COLE, and WHITE, Circuit Judges.

OPINION

DAMON J. KEITH, Circuit Judge.

Plaintiff-Appellant Friends of Tims Ford ("FTF") appeals from the district court's dismissal of its case on summary judgment for want of standing. FTF is an unincorporated association of individuals, families, and homeowners' associations, who own property adjoining the Tims Ford Reservoir ("Reservoir") or in adjacent communities, and are concerned about the environmental impact of land development near the Reservoir...

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