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PROTECT OUR EAGLES' TREES v. CITY OF LAWRENCE, KAN.

Civ. A. No. 89-2090-S.

715 F.Supp. 996 (1989)

PROTECT OUR EAGLES' TREES (POETs), an unincorporated association, Plaintiff, v. CITY OF LAWRENCE, KANSAS; Lawrence River Plaza Associates; United States Army Corps of Engineers; United States Department of the Interior; United States Environmental Protection Agency, Defendants.

United States District Court, D. Kansas.

February 28, 1989.

Attorney(s) appearing for the Case

Robert V. Eye, Tonganoxie, Kan., for plaintiff.

John W. Lungstrum, Scott J. Bloch, Stevens, Brand, Lungstrum, Golden & Winter, Lawrence, Kan., for Lawrence River Plaza Associates.

Gerald L. Cooley, Allen, Cooley & Allen, Lawrence, Kan., for City of Lawrence, Kan.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

In January and February of each year, flocks of bald eagles winter along the Kansas River in Lawrence, Kansas. Warm water generated by a hydroelectric plant at the Bowersock Dam on the Kansas River remains unfrozen during these coldest times of the year. The bald eagles perch atop cottonwood trees near the dam and feed on fish in the unfrozen parts of the river.

Demolition along the south bank of the...

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