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McClung v. Paul

ELR Citation: 45 ELR 20115
Nos. 14-3463, (8th Cir., 06/08/2015)

The Eighth Circuit held that the U.S. Army Corps of Engineers did not abuse its discretion when it revoked homeowners' permits to maintain a boat dock and stone steps on the public land between their property and a lake. The Corps revoked the permits after the homeowners sprayed herbicide and mowed the shoreline in violation of the permits' terms. The homeowners claimed that the decision to revoke their permits was arbitrary and capricious and that their constitutional right to due process had been denied. But the record provides ample support for the Corps' determination that the homeowners had violated the permit conditions. In addition, the violations are punishable by revocation under the terms of the permits. And because the homeowners did not have a property interest in their shoreline permits, there was no constitutional due process violation in this case.