United States Ex Rel. Greathouse v. Dern

Background

A group of Virginia landowners sought a permit to build a wharf on the Potomac beside their upland, claiming accretion had extended their title to the present high-water line. Federal law (section 10 of the Rivers and Harbors Act of 1899) forbids building in navigable waters except on plans approved by the Army Corps of Engineers and authorized by the Secretary of War. The Secretary refused to authorize the wharf because the National Capital Park and Planning Commission had declared the riverbed and adjacent upland necessary for the George Washington Memorial Parkway, posted resolutions of possession, and planned a highway across the upland. The owners had a conditional land sale dependent on getting the permit and asked a court to force the Secretary to approve the wharf; lower courts denied that request.

Reasoning

The Court framed the key question as whether a judge should order the Secretary to permit the wharf when questions about title and rights are unresolved and when the United States has set aside the land for a public project. The Court explained that the extraordinary remedy of forcing a government official to act is governed by equitable discretion. Even assuming the owners might have some riparian claim, compelling the permit would interfere with the government’s public plans, increase expense (including costs to remove or compensate for the wharf), and burden the public interest. For those reasons, the Court held the mandamus-like relief should be denied in the exercise of discretion.

Real world impact

The ruling leaves the owners’ title and right-to-build questions unresolved on the merits, but it allows the Government to proceed with parkway development without being forced to accept the private wharf. Property holders seeking permits on federal riverbeds will face a high bar if their rights are uncertain or if government public projects would be harmed.