BARTHEL v. U.S. DEPT. OF AGRICULTURE

No. 98-2754.

181 F.3d 934 (1999)

Keith BARTHEL; Dorothy Barthel, Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Daniel Glickman, Secretary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 18, 1999.


Attorney(s) appearing for the Case

Richard E. Gee, Grand Island, NE, argued, for Appellant.

Sally R. Johnson, Assistant U.S. Attorney, Lincoln, NE, argued, for Appellee.

Before McMILLIAN, BEAM, and LOKEN, Circuit Judges.


BEAM, Circuit Judge.

Keith and Dorothy Barthel (the Barthels) appeal the district court's decision upholding the United States Department of Agriculture's (USDA) limitation on the dredging of a drainage ditch.1 The limitation leaves the Barthels' hay meadow flooded. We reverse and remand.

I. BACKGROUND

In 1916, the South Fork of the Elkhorn river was straightened to improve drainage. The straightened portion, referred...

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