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U.S. v. KEY WEST TOWERS, INC.

No. 87-10034-Civ.

720 F.Supp. 963 (1989)

UNITED STATES of America, Plaintiff, v. KEY WEST TOWERS, INC., et al., Defendants.

United States District Court, S.D. Florida.

August 10, 1989.

Attorney(s) appearing for the Case

Leon B. Kellner, U.S. Atty., Miami, Fla., by Suzan Hill Ponzoli, for plaintiff.

Shutts & Bowen, Miami, Fla. by Kimarie Stratos, and Robert G. Dreher, Sierra Club & Florida Audubon Soc., Sierra Club Legal Defense Fund, Inc., Washington, D.C., for plaintiff-intervenors.

Mattson & Tobin, Key Largo, Fla., Kay G. Finley, Summerland Key, Fla., Thomson, Zeder, Bohrer, Werth & Razook, Halsey & Smith, Miami, Fla., and William N. Hedeman, Jr., Beveridge & Diamond P.C., Washington, D.C., for defendants.

David P. Kirwan, Marathon, Fla., for Richard and Steve Eid.

ORDER REQUIRING RESTORATION; ORDER IMPOSING PENALTY

JAMES LAWRENCE KING, Chief Judge.

The defendants own property in Key West, Florida, that contains wetlands, including a pond, mangroves, and transitional wetlands. A 1.9-acre pond makes up part of the 4.42 acres of total wetlands. Key West Towers partially filled the wetlands in 1984, before it received a cease and desist order from the Army Corps of Engineers ("Corps"). Despite the subsequent order and...

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