COLUMBIA VENTURE LLC v. S.C. WILDLIFE FEDERATION

Nos. 05-2398, 06-1072, 08-1033, 08-1034.

562 F.3d 290 (2009)

COLUMBIA VENTURE LLC, Plaintiff-Appellee, and Heathwood Hall Episcopal School, Intervenor/Plaintiff-Appellee, v. SOUTH CAROLINA WILDLIFE FEDERATION; Dr. John Grego; Dr. Daniel Tufford; Riverland Park Neighborhood Association, Intervenors/Defendants-Appellants, and Federal Emergency Management Agency, Defendant. Columbia Venture LLC, Plaintiff-Appellee, and Heathwood Hall Episcopal School, Intervenor/Plaintiff-Appellee, v. Federal Emergency Management Agency, Defendant-Appellant, and South Carolina Wildlife Federation; Dr. John Grego; Dr. Daniel Tufford; Riverland Park Neighborhood Association, Intervenors/Defendants. Columbia Venture LLC, Plaintiff-Appellee, and Heathwood Hall Episcopal School, Intervenor/Plaintiff-Appellee, v. Federal Emergency Management Agency, Defendant-Appellant, and South Carolina Wildlife Federation; Dr. John Grego; Dr. Daniel Tufford; Riverland Park Neighborhood Association, Intervenors/Defendants. Columbia Venture LLC, Plaintiff-Appellee, and Heathwood Hall Episcopal School, Intervenor/Plaintiff-Appellee, v. Federal Emergency Management Agency, Defendant, and South Carolina Wildlife Federation; Dr. John Grego; Dr. Daniel Tufford; Riverland Park Neighborhood Association, Intervenors/Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: April 3, 2009.


Attorney(s) appearing for the Case

ARGUED: Sharon Swingle, United States Department of Justice, Washington, D.C.; James Blanding Holman, Southern Environmental Law Center, Charleston, South Carolina, for Federal Emergency Management Agency, South Carolina Wildlife Federation, John Grego, Daniel Tufford, and Riverland Park Neighborhood Association. Manton McCutchen Grier, Haynsworth, Sinkler & Boyd, P.A., Columbia, South Carolina, for Columbia Venture LLC and Heathwood Hall Episcopal School. ON BRIEF: Jordan S. Fried, Associate Chief Counsel for Litigation, Lynda K. Pilgrim, Senior Trial Attorney, Federal Emergency Management Agency, Washington, DC; Gregory G. Katsas, Acting Assistant Attorney General, Kevin F. McDonald, Acting United States Attorney, Michael Jay Singer, United States Department of Justice, Washington, DC, for Federal Emergency Management Agency. J. Preston Strom, Jr., Strom Law Firm, L.L.C., Columbia, South Carolina, Frank R. Ellerbe III, Robinson, McFadden & Moore, P.C., Columbia, South Carolina, for Heathwood Hall Episcopal School; Sarah Michaels Montgomery, William C. Boyd, Elizabeth H. Black, Haynsworth, Sinkler & Boyd, P.A., Columbia, South Carolina, for Columbia Venture LLC.

Vacated and remanded by published PER CURIAM opinion.


OPINION

PER CURIAM:

The Federal Emergency Management Agency ("FEMA"), the South Carolina Wildlife Federation, Dr. John Grego, Dr. Daniel Tufford, and the Riverland Park Neighborhood Association ("Defendants") jointly appeal the district court's order vacating the 2001 base flood elevation determinations adopted by FEMA for Richland County, South Carolina. The district court vacated these determinations because of...

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