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Parkview Corp. v. Department of the Army

Citation: 8 ELR 20834
No. No. 78-C-530, 455 F. Supp. 1350/12 ERC 1302/(E.D. Wis., 09/13/1978)

The court grants a preliminary injunction against the removal of fill from platted roadways in a subdivision pursuant to an order of the Corps of Engineers. Plaintiff is likely to succeed with its contention that the removal order is jurisdictionally defective because the Corps, while it is authorized to issue permits for the discharge of fill material into wetlands under § 404 of the Federal Water Pollution Control Act, has no power to issue compliance orders under § 309 of the statute. Plaintiff has also raised a substantial question as to whether the two roadways are located within a wetlands area. The court finds that removal would adversely affect the marketability of plaintiff's land while defendants would not be harmed by issuance of an injunction because restoration of the area would be no less difficult after trial.

Counsel for Plaintiff
Howard T. Healy
DiRenzo & Bomier
231 E. Wisconsin Ave., Neenah WI 54956
(414) 725-8464

Counsel for Federal Defendants
Charles H. Bohl, Ass't U.S. Attorney
Federal Bldg., 517 E. Wisconsin Ave., Milwaukee WI 53202
(414) 291-1700

Counsel for Defendant City of Neenah
James B. Gunz, City Attorney
City Hall, Neenah WI 54956
(414) 729-6358