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Judge Tosses Part of Flood Diversion Suit, Finds that U.S. Army Corps of Engineers Did Not Act Illegally

Posted on April 5, 2016

A part of the lawsuit filed against the Fargo-Moorhead flood diversion project has been dismissed by a federal judge, leaving two of five original counts unresolved.

The U.S. Army Corps of Engineers has also been dismissed from the case, leaving the Diversion Authority as the primary defendant.

In the two counts that Judge John R. Tunheim’s order on Thursday dismissed, upstream opponents of the project, the Richland-Wilkin Joint Powers Authority, had argued that the corps failed to follow federal environmental review procedures.

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