FRANCES BROADDUS CRUTCHFIELD; Henry Ruffin Broaddus, Plaintiffs-Appellees,
v.
COUNTY OF HANOVER, VIRGINIA, Defendant-Appellant, and
United States Army Corps of Engineers, Defendant.
Greater Richmond Partnership, Incorporated; Greater Richmond Chamber of Commerce; Hanover Business Council; Local Government Attorneys of Virginia, Incorporated; Virginia Association of Counties; Virginia Association of Municipal Wastewater Agencies, Incorporated (VAMWA), Amici Supporting Appellant.
Frances Broaddus Crutchfield; Henry Ruffin Broaddus, Plaintiffs-Appellees,
v.
United States Army Corps of Engineers, Defendant-Appellant, and
County of Hanover, Virginia, Defendant.
Greater Richmond Partnership, Incorporated; Greater Richmond Chamber of Commerce; Hanover Business Council; Local Government Attorneys of Virginia, Incorporated; Virginia Association of Counties; Virginia Association of Municipal Wastewater Agencies, Incorporated (VAMWA), Amici Supporting Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: January 24, 2003.
Decided: March 27, 2003.
Attorney(s) appearing for the Case
ARGUED: John Alan Bryson, United States Department of Justice, Washington, D.C., for Appellant Corps; William Gray Broaddus, McGuirewoods, L.L.P., Richmond, Virginia, for Appellant County. William B. Ellis, Ellis & Thorp, P.L.L.C., Richmond, Virginia, for Appellees. BRIEFED: Thomas L. Sansonetti, Assistant Attorney General, Paul J. McNulty, United States Attorney, M. Hannah Lauck, Assistant United States Attorney, Greer S. Goldman, John A. Sheehan, United States Department of Justice, Washington, D.C.; Katherine D. Will, Assistant District Counsel, United States Army Corps of Engineers, Norfolk, Virginia, for Appellant Corps. Stewart T. Leeth, McGuirewoods, L.L.P., Richmond, Virginia; Sterling Edward Rives, III, Barbara M. Rose, Office of The County Attorney, Hanover, Virginia, for Appellant County. Benjamin A. Thorp IV, Ellis & Thorp, P.L.L.C., Richmond, Virginia, for Appellees. Ralph L. Axselle, Jr., Walter H. Ryland, Williams Mullen, P.C., Richmond, Virginia, for Amici Curiae Greater Richmond Partnership, Inc., et al. David Neal Anthony, Kaufman & Canoles, Richmond, Virginia; Andrew R. McRoberts, Goochland County Attorney, Goochland, Virginia; Walter C. Erwin III, Lynchburg City Attorney, Lynchburg, Virginia; C. Flippo Hicks, General Counsel, VACo, Richmond, Virginia; Christopher D. Pomeroy, Aqua-Law, P.L.C., Richmond, Virginia, for Amici Curiae Local Government Attorneys, et al.
Before WILKINSON and MICHAEL, Circuit Judges, and MICHAEL, Senior United District Judge for the Western District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Reversed by published opinion. Judge WILKINSON wrote the opinion, in which Judge MICHAEL and Senior Judge MICHAEL, joined.
OPINION
WILKINSON, Circuit Judge:
Plaintiffs Frances Crutchfield and Henry Broaddus brought suit against the United States Army Corps of Engineers and the County of Hanover, Virginia to enjoin the construction of a wastewater treatment plant and its associated sewage conveyance systems and to strike down the Army Corps' approval...
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