STODDARD v. WESTERN CAROLINA REGIONAL SEWER AUTH.

Nos. 85-1584, 85-1590.

784 F.2d 1200 (1986)

L. Boyd STODDARD, Barry T. Terry and Sara M. McDonald, Appellees, v. WESTERN CAROLINA REGIONAL SEWER AUTHORITY, Appellant. L. Boyd STODDARD, Barry T. Terry and Sara M. McDonald, Appellants, v. WESTERN CAROLINA REGIONAL SEWER AUTHORITY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 5, 1986.


Attorney(s) appearing for the Case

O.W. Bannister, Jr., Leo H. Hill, Hill, Wyatt & Bannister, Greenville, S.C., John S. Pachter (Christopher L. Rissetto, Daniel E. Toomey, Wickwire, Gavin & Gibbs, P.C., Washington, D.C., on brief), for appellant/cross-appellee.

Bradford W. Wyche (Wyche, Burgess, Freeman & Parham, P.A., Greenville, S.C., Robert L. Stoddard, Moore, Stoddard, Stoddard & Wood, Spartanburg, S.C., on brief), for appellees/cross-appellants.

Before RUSSELL, SPROUSE and WILKINSON, Circuit Judges.


SPROUSE, Circuit Judge:

L. Boyd Stoddard, Barry T. Terry, and Sara M. McDonald (landowners) sued the Western Carolina Regional Sewer Authority in district court for enforcement of the Clean Water Act (Act), 33 U.S.C. § 1251 et seq. (1982), under the Act's "citizen suit" provision, 33 U.S.C. § 1365 (1982). In addition, they asserted a pendent state law claim that their property was taken in violation of the South Carolina constitution.

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