Forsyth County v. United States Army Corps of Engineers
2011 U.S. App. LEXIS 2832
| 11th Cir. | 2011Background
- The Flood Control Act of 1944 authorizes the Army Corps to grant leases for public parks at water projects and requires preference to local governmental agencies when appropriate.
- The Corps administers Bethel Park on Lake Lanier and evaluated competing lease proposals from Forsyth County and the YMCA (Association).
- A 2005 Recreation Development Policy guides evaluation criteria: project purposes, resources, land use, public demand, viability, and public interest.
- Forsyth County sought Bethel Park; the YMCA submitted a substantially developed proposal for a camp and related facilities.
- In 2008–2009, after scoring proposals, the Corps awarded Bethel Park to the YMCA, finding it better served the public interest despite the statutory preference.
- The County unsuccessfully sought a preliminary injunction; the district court concluded the weight given to the preference was discretionary and not reviewable under the APA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §460d create a right of first refusal for preference entities? | Forsyth County argues the statute grants a right of first refusal to local entities. | Corps contends the statute provides a preference but not an entitlement to win a lease. | No right of first refusal; preference is non-entitlement and subject to public-interest evaluation. |
| Is the weighing of the preference reviewable under the APA? | Forsyth County contends the weight given to the preference should be reviewable. | Corps argues weighing is committed to agency discretion by law and not APA-reviewable. | Weighing is not subject to judicial review under the APA; decision lies within agency discretion. |
Key Cases Cited
- Heckler v. Chaney, 470 U.S. 821 (1985) (final agency action reviewability depends on discretionary statute)
- Overton Park, 401 U.S. 402 (1971) (bar to review when statute leaves no meaningful standard)
- Fla. Dep't of Bus. Regulation v. U.S. Dep't of Interior, 768 F.2d 1248 (11th Cir. 1985) (regulation factors are not 'law to apply' for balance in a case)
- Greenwood Utils. Comm'n v. Hodel, 764 F.2d 1459 (11th Cir. 1985) (broad discretion with no defined entitlement preserves agency latitude)
- Lenis v. U.S. Att'y Gen., 525 F.3d 1291 (11th Cir. 2008) (APA review limitations when statute grants broad discretion)