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VILLAGE OF BALD HEAD v. U.S. ARMY CORPS OF ENGRS.

Nos. 11-2366, 11-2368.

714 F.3d 186 (2013)

VILLAGE OF BALD HEAD ISLAND, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS; United States of America; The Honorable John McHugh, in his official capacity; Lt. Gen. Robert L. Antwerp, Jr., in his official capacity; Maj. Gen. Todd T. Semonite, in his official capacity; Col. Jefferson M. Ryscavage, in his official capacity, Defendants-Appellees, v. Town of Caswell Beach; Town of Oak Island, North Carolina, Intervenors/Defendants. Village of Bald Head Island, Plaintiff, v. United States Army Corps of Engineers; United States of America; The Honorable John McHugh, in his official capacity; Lt. Gen. Robert L. Antwerp, Jr., in his official capacity; Maj. Gen. Todd T. Semonite, in his official capacity; Col. Jefferson M. Ryscavage, in his official capacity, Defendants-Appellees, v. Town of Caswell Beach; Town of Oak Island, North Carolina, Intervenors/Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: April 15, 2013.

Attorney(s) appearing for the Case

ARGUED: George W. House , Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, North Carolina, for Appellants. Thekla Hansen-Young , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: William P.H. Cary , Alexander Elkan , Joseph A. Ponzi , Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, North Carolina; Steven J. Levitas , Todd S. Roessler , Kilpatrick Townsend & Stockton LLP, Raleigh, North Carolina, for Appellants. Ignacia S. Moreno , Assistant Attorney General, Jennifer Scheller Neumann , Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Brooke Lamson , District Counsel, U.S. Army Corps of Engineers, Wilmington, North Carolina, for Appellees.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge GREGORY and Judge THACKER joined.

OPINION

NIEMEYER, Circuit Judge:

The Village of Bald Head Island, a coastal town in North Carolina, commenced this action under the Administrative Procedure Act ("APA") and admiralty jurisdiction against the U.S. Army Corps of Engineers to require it, through an order of specific performance and injunction, to honor commitments made to the Village and other North Carolina towns when developing its plans to widen, deepen, and realign portions of the Cape...

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