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FORSYTH COUNTY v. U.S. ARMY CORPS OF ENGINEERS

No. 10-10279.

633 F.3d 1032 (2011)

FORSYTH COUNTY, a political subdivision of the State of Georgia, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Colonel Byron G. Jorns, Mobile District Engineer, in his official capacity, Brigadier General Joseph Schroedel, South Atlantic Division Commander, in his official capacity, Major General Don T. Riley, Director of Civil Works, in his official capacity, Lieutenant General Robert L. Van Antwerp, Commander and Chief of Engineers, in his official capacity, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 14, 2011.

Attorney(s) appearing for the Case

Ken E. Jarrard , Matthew L. Mattila , Jarrard & Davis, LLP, Cumming, GA, Thomas Richard Mondelli , Atlanta, GA, for Plaintiff-Appellant.

M. Alice Thurston , Robert H. Oakley , Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Marc Givhan , Atty. General's Office, Montgomery, AL, Sharon Douglas Stokes , Melaine A. Williams , Atlanta, GA, Myles E. Eastwood , Atlanta, GA, for Defendants-Appellees.

Before WILSON and PRYOR, Circuit Judges, and BUCKLEW, District Judge.

PRYOR, Circuit Judge:

This appeal from the denial of a preliminary injunction requires us to determine whether an evaluation of competing proposals for the lease of Bethel Park on Lake Sydney Lanier in Forsyth County, Georgia, by the United States Army Corps of Engineers is subject to a right of first refusal for a local government and, if not, whether the weight accorded to a preference for the lease is otherwise subject to judicial review under the Administrative...

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