Thursday, March 27, 2003

Three from the 4th Circuit

Today the Fourth Circuit in this opinion by Judge Wilkinson reversed Judge Payne's decision that Hanover County, Va., and the U.S. Army Corps of Engineers could not legally proceed with a wastewater treatment plant discharging into the Pamunkey River.

In this unpublished opinion, the Court held that the alleged ineffectiveness of petitioner's counsel was not prejudicial enough to warrant relief, reversing the D.S.C.

In this unpublished opinion, cross-appeals contesting the award of court costs were both dismissed for failure to comply with the procedural requirements of Rule 54. The plaintiffs were pro se on the appeal, the defendant was not. (It must have been one vicious and hateful case for the company to appeal on the issue of costs.)

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