Georgia v. United States Army Corps of Engineers

U.S. Court of Appeals for the Eleventh Circuit
Georgia v. United States Army Corps of Engineers, 144 F. App'x 850 (11th Cir. 2005)

Georgia v. United States Army Corps of Engineers

Opinion of the Court

PER CURIAM.

The State of Georgia, Gwinnett County, the Atlanta Regional Commission, and the City of Gainesville appeal an order of abatement. The district court abated and administratively closed this case, pending final judgment in Alabama v. U.S. Corps of Engineers, No. CV-90-H-01331-E, a substantially similar case proceeding before the United States District Court for the Northern District of Alabama.

We review the district court’s decision to abate on abstention grounds for abuse of discretion. See Ambrosia Coal and Constr. Co. v. Morales, 368 F.3d 1320, 1332 (11th Cir. 2004). Seeing none, we AFFIRM the abatement.

AFFIRMED.

Reference

Full Case Name
State of GEORGIA, Lake Lanier Association, Intervenor-Plaintiff v. The UNITED STATES ARMY CORPS OF ENGINEERS, Gregory R. Dahlberry, in his official capacity as Acting Secretary of the United States Army, Joseph W. Westphal, in his official capacity as Assistant Secretary of the United States Army for Civil Works, Robert W. Flowers, in his official capacity as Commander and Chief of Engineers, United States Army Corps of Engineers, Phillip R. Anderson, in his official capacity as Division Commander, South Atlantic Division, United States Army Corps of Engineers, J. David Norwood, in his official capacity as District Commander, Mobile District, United States Army Corps of Engineers, Southeastern Federal Power Customers, Inc., Intervenor-Defendant, State of Florida, State of Alabama, Intervenors-Appellees, Gwinnett County, Georgia, Atlanta Regional Commission, Intervenors-Appellants, City of Gainesville, Georgia
Cited By
4 cases
Status
Published