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United States v. Joseph G. Moretti, Inc.

Citation: 5 ELR 20174
No. No. 71-1176-Civ. WM, 387 F. Supp. 1404/7 ERC 1428/(S.D. Fla., 12/23/1974) On remand

On remand from the Fifth Circuit, the court upholds the Army Corps of Engineers' denial of defendant-developer's application for an after-the-fact dredge and fill permit to legitimize canals already constructed through a mangrove swamp.The court then goes on to order the developer to fill in the illegally constructed canals both bayward and landward of the preexisting mean high tide line on property not yet conveyed to individual owners, and to restore to its original condition the area bayward of that line, including replanting the mangrove fringe. Upland canals on property already sold to individual owners must be partially filled to achieve a gradual bottom slope toward their mouths in order to insure that the canals will become biologically productive. The developer is permanently enjoined from further selling of property at the site until this restoration has been accomplished. For the circuit court's remand ruling, see 3 ELR 20414.

Counsel for Plaintiff
David F. McIntosh
Kenneth G. Oertel Asst. U.S. Attorneys
Federal Office Building
51 S.W. 1st Avenue
Miami, Fla. 33130

Counsel for Defendants
Duane Anderson
Sams, Anderson, Alper & Post
Seventh Floor, Concord Building
66 West Flagler Street
Miami, Fla. 33130