MINNEHAHA CREEK WATERSHED DIST. v. HOFFMAN

No. 78-1448.

597 F.2d 617 (1979)

MINNEHAHA CREEK WATERSHED DISTRICT, a Political Subdivision of the State of Minnesota, Lake Minnetonka Conservation District, a Public Corporation and Political Subdivision of the State of Minnesota, Lake Minnetonka Association, a Minnesota Nonprofit Corporation, Thomas P. Lowe and William Bradley VanNest, Appellees, and The State of Minnesota, Department of Natural Resources, Plaintiff-Intervenor-Appellee, v. Martin R. HOFFMAN, Individually and as Secretary, Department of the Army, Corps of Engineers, Department of the Army, Lieutenant General William C. Gribble, Individually and as Chief of Engineers, Department of the Army, and Colonel Forrest T. Gay, Individually and as District Engineer, Corps of Engineers, Department of the Army, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 23, 1979.


Attorney(s) appearing for the Case

Maryann Walsh, Atty., Dept. of Justice, Washington, D. C., for appellants; James W. Moorman, Asst. Atty. Gen., Dirk D. Snel, Atty., Dept. of Justice, Washington, D. C., on brief.

Raymond A. Haik, Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., Minneapolis, Minn., for Minnehaha Creek Watershed Dist., State of Minnesota — Dept. of Natural Resources; Larry D. Espel, Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., Minneapolis, Minn., and Warren Spannaus, Atty. Gen., Philip J. Olfelt, Asst. Atty. Gen., St. Paul, Minn., on brief.

Philip J. Olfelt, Asst. Atty. Gen., St. Paul, Minn., for State of Minnesota.

Charles L. LeFevere, LeFevere, Lefler, Pearson, O'Brien & Drawz, Minneapolis, Minn., for appellee, Lake Minnetonka Conservation Dist.; Glenn E. Purdue, Minneapolis, Minn., on brief.

Allen I. Olson, Atty. Gen., and Murray G. Sagsveen, Asst. Atty. Gen., State of N. D., Bismarck, N. D., filed brief amicus curiae.

Before HEANEY and McMILLIAN, Circuit Judges, and TALBOT SMITH, Senior District Judge.


HEANEY, Circuit Judge.

The United States Army Corps of Engineers and various officials of the Corps appeal from the judgment of the District Court which permanently enjoined the Corps from asserting regulatory jurisdiction over the waters of Lake Minnetonka in Hennepin County, Minnesota, under § 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. § 403. Minnehaha Cr. Watershed Dist. v. Hoffman, 449 F.Supp. 876

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