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211778P.pdf   01/28/2022  Russellville Legends LLC  v.  U.S. Army Corps of Engineers
   U.S. Court of Appeals Case No:  21-1778
   U.S. District Court for the Eastern District of Arkansas - Central   
   [PUBLISHED] [Arnold, Author, with Loken and Stras, Circuit Judges] 
   Civil case. The district court did not err in declining to enter a 
   declaratory judgment for plaintiff and in granting the Corps summary 
   judgment on plaintiff's claim that it had arbitrarily and capriciously 
   denied its application for a permit to build a habitable structure on 
   property covered by a flowage easement held by the Corp; even if the 
   easement's prohibition on habitable structures is no longer in force, the 
   Corps's decision can be upheld on the ground the proposed construction 
   would impair the usefulness of the Corps's pumping station; in light of 
   these considerations, plaintiff was required to obtain the Corps's 
   permission to build its structure, and the Corps did not arbitrarily and 
   capriciously withhold permission.