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VILLAGE OF ELK GROVE VILLAGE v. EVANS

No. 92-1691.

997 F.2d 328 (1993)

VILLAGE OF ELK GROVE VILLAGE, Plaintiff-Appellant, v. James E. EVANS, et al., Defendants-Appellees. HP/Meacham Road Land Limited Partnership and CBS, Incorporated, Intervenors.

United States Court of Appeals, Seventh Circuit.

Decided June 25, 1993.

Attorney(s) appearing for the Case

Joseph V. Karaganis (argued), A. Bruce White, John W. Kalich, Karaganis & White, Chicago, IL, George B. Knickerbocker, Samelson, Knickerbocker & Payne, Des Plaines, IL, for plaintiff-appellant Village of Elk Grove Village.

David C. Shilton (argued), Dept. of Justice, Land & Natural Resources Div., Washington, DC, for defendants-appellees Jess J. Franco, James E. Evans and U.S. Army Corps of Engineers.

Jonathan Haile, Office of the U.S. Atty., Criminal Div., Chicago, IL, David C. Shilton, Dept. of Justice, Land & Natural Resources Div., Washington, DC, for defendants-appellees Michael P.W. Stone and U.S. Army.

Roger Price, Jeffrey H. Bergman (argued), Ann H. Theodore, D'Ancona & Pflaum, Chicago, IL, for intervenors CBS, Inc. and HP/Meacham Road Land Ltd. Partnership.

Before POSNER and EASTERBROOK, Circuit Judges, and WOOD, Jr., Senior Circuit Judge.

POSNER, Circuit Judge.

The Village of Elk Grove, Illinois, brought this suit to enjoin the Corps of Engineers (the relevant officials of whom are the defendants) from granting a permit for the construction of a radio tower in the floodplain of a creek near the village. (Actually there were to be two radio towers side by side, but we can disregard that detail.) The tower was to be built by HP/Meacham Road Land Limited Partnership on land owned by HP, and transferred...

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