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SWANSON v. UNITED STATES

Civ. No. 80-2069.

600 F.Supp. 802 (1985)

Frances L. SWANSON, individually and as a member of Bonner County Shoreline Property Owners and Taxpayers Protective Association, Inc., an Idaho non-profit corporation, and Bonner County Shoreline Property Owners and Taxpayers Protective Association, Inc., an Idaho non-profit corporation, Plaintiffs, v. The UNITED STATES of America; Clifford L. Alexander, Jr.; Lieutenant General John W. Morris, Jr.; Brigadier General Richard M. Wells; and Colonel Leon K. Moraski, Defendants.

United States District Court, D. Idaho.

January 16, 1985.

Attorney(s) appearing for the Case

Steven L. Herndon, McAdam, Herndon & Harrison, Sandpoint, Idaho, for plaintiffs.

Michael W. Neville, Atty., Environmental Defense Section, Land & Natural Resources Division, U.S. Dept. of Justice, Washington, D.C., Siri Nelson, General Atty., U.S. Army Corps of Engineers, Seattle District, Seattle, Wash., Jeffrey G. Howe, Asst. U.S. Atty., Boise, Idaho, for defendants.

MEMORANDUM OPINION

RYAN, District Judge.

This action arises from a dispute concerning the United States Army Corps of Engineers' (Corps) power to regulate the use of the underlying lands and waters of Lake Pend Oreille. Plaintiff Swanson is a property owner of land located adjacent to the lake. Plaintiff Bonner County Shoreline Property Owners and Taxpayers Protective Association, Inc., is an Idaho nonprofit...

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