UNITED STATES v. CITY OF FORT PIERRE, S.D.

No. 84-1162.

747 F.2d 464 (1984)

UNITED STATES of America, Appellee, v. CITY OF FORT PIERRE, SOUTH DAKOTA; James Hoffman in his Official Capacity as Mayor, City of Fort Pierre, South Dakota, Appellants. State of South Dakota.

United States Court of Appeals, Eighth Circuit.

Decided October 31, 1984.


Attorney(s) appearing for the Case

Charles Poches, Jr., Fort Pierre, S.D., Horace R. Jackson, Rapid City, S.D., for appellants.

Thomas H. Pacheco, Robert L. Klarquist, Dept. of Justice, Washington, D.C., for appellee.

Before HEANEY and FAGG, Circuit Judges, and COLLINSON, Senior District Judge.


FAGG, Circuit Judge.

The Fort Pierre Slough (Slough) is located within the City of Fort Pierre, South Dakota (City). In August of 1980, the City, for legitimate health and safety reasons, constructed two unfinished streets across the Slough. In July of 1981, the Army Corps of Engineers (Corps) brought suit against the City claiming that the Slough is a "wetland" within the jurisdiction of the Corps and claiming further that the City violated sections 301 and 404 of...

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