ELR Citation: ELR 20551
No(s). 79-6050 (2d Cir. Jul 12, 1979)

Reversing the lower court's grant of summary judgment, 9 ELR 20142, the Second Circuit Court of Appeals remands the Secretary of the Army's denial of an "after-the-fact" permit for fences erected by appellant beyond the mean high water line into Manhasset Bay, Long Island. Appellant, who leased from...