Sargent v. California Toll Bridge Authority

Plaintiffs (appellants) brought suit naming as defendants the California Toll Bridge Authority, Robert Stevens as Secretary of the Army, and Gordon W. Stark as District Engineer of the Corps of Engineers of the United States Army. In their complaint they alleged that they are citizens of California, residents of Santa Clara County in the San Francisco Bay area, and are interested in the prevention of obstructions to the navigation of the Bay. They alleged that the Secretary of the Army granted to the Toll Bridge Authority a permit to construct a bridge at a certain site across the Bay between Marin and Contra Costa Counties, and on information and belief alleged that the permit was issued by the Secretary of the Army without notice or public hearing as required by 33 Code of Federal Regulations, § 209.120. In their prayer for relief they asked judgment declaring the permit issued by the Secretary to be invalid, and that District Engineer Stark be ordered to give public notice and set the application for the permit for public hearing as required by the Regulation. The complaint is barren of any allegation that the Authority has failed to comply with the terms of the Secretary’s…