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OGUNQUIT VILLAGE CORP. v. DAVIS

No. 76-1425.

553 F.2d 243 (1977)

OGUNQUIT VILLAGE CORPORATION et al., Plaintiffs, Appellants, v. R. M. DAVIS, Administrator, Soil Conservation Service, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 20, 1977.

Attorney(s) appearing for the Case

Thomas B. Bracken, Boston, Mass., with whom Bracken & Selig, Boston, Mass., was on brief, for appellants.

Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., with whom Peter R. Taft, Asst. Atty. Gen., Washington, D. C., Peter Mills, III, U. S. Atty., Portland, Me., Edmund B. Clark, and Gary B. Randall, Attys., Dept. of Justice, Washington, D. C., on brief, for appellees.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

The sand dune of Ogunquit, Maine, stretches for more than a mile along the southern Maine coast. Rising twenty feet above a wide sandy beach, the dune is cut off from the mainland by salt water marshes and the Ogunquit River estuary. The dune and beach have long brought tourists to the nearby village of Ogunquit. The dune's popularity eventually proved its undoing. The grass and shrubs that held the dune in place were trampled, and the sand began...

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