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Conant v. United States

Citation: 14 ELR 20427
No. No. 83-3325, 727 F.2d 1115/(11th Cir., 02/27/1984) Sovereign immunity denied

The court rules that a claim for damages caused by an allegedly wrongfully issued Army Corps of Engineers dredge and fill cease and desist order must meet the requirements of the Federal Tort Claims Act (FTCA), but that a claim for equitable relief may lie under the Administrative Procedure Act (APA). The court holds that the district court lacked evidence to support its ruling that appellant's damage claim was untimely under the FTCA. Further, it holds that injunctive relief from Corps' action under §404 of the Federal Water Pollution Control Act is not barred by sovereign immunity, since the APA waives that immunity.

Counsel for Appellant (pro se)
Marcus Conant
P.O. Box 30, Gainesville FL 32602
(904) 372-4813

Counsel for Appellee
Kenneth Sukhia, Ass't U.S. Attorney
110 E. Park Ave., Rm. 100, Tallahassee FL 32301
(904) 224-3186

Before Hill, Johnson, and Henderson, JJ.