United States v. Riverside Bayview Homes, 474 US 121 (1985)

Home Page for Riverside Bayview Materials

The discussion questions for this case, as well as the text of the Supreme Court's and Sixth Circuit's opinions in the case, are available in hypertext format. 

The Supreme Court opinion.  Look for links marked "{Discussion question}".  [[Note: The four Primary Discussion Questions are not currently linked to the Supreme Court opinion, although the nine Secondary Discussion Questions are so linked.]] Clicking on such a link will take you to the particular discussion question keyed to that particular portion of the opinion, as well as material offering an answer to that question.  Additionally, if you have a Westlaw password, you can use the Supreme Court opinion to reach the Westlaw version of any case or administrative rule cited in the opinion (by simply clicking on the citation, then entering your Westlaw password, and then waiting briefly while Westlaw pulls up the cited material).

The discussion questions.  From a given question, you [will eventually be able to] link to the most relevant portion of the opinion.  (You are also free to view a non-hypertext version of all the discussion questions on one page, with no answers.)  [[Note: The current non-hypertext version of the questions omits and mis-numbers some of the Primary Discussion Questions.]]

The Circuit Court opinion.  The footnotes are available as hypertext, but the feature allowing you to use Westlaw to find cited regulations or cases is not available. 

The (wet?)land at issue.  You may also view a diagram of the land at issue in this case, which the Sixth Circuit appended to its opinion and which Westlaw generously included in its on-line version of the case (at least in its on-line Web version of the case).  Note that there is no scale provided on the map.  The Supreme Court, however, describes Riverside Bayview Homes' parcel as "80 acres of low-lying, marshy land near the shores of Lake St. Clair."  474 U.S. at 124.  The Circuit Court opinion notes that the land is "in a suburban area approximately a mile west of Lake St. Clair and south of South River Road, roughly paralleling the Clinton River. Its southern boundary is separated from the man-made Savan Drain by two ten-acre parcels."   729 F.2d at 392.  For a bit more on the land at issue, see Secondary Discussion Question 8.


The Supreme Court Opinion (with Discussion Questions/Answers linked to the opinion text)


The Discussion Questions (with Answers)

  1. Motivation of the Corps
  2. Where, Besides Section IV, Deference Occurs
  3. Amicus Briefs
  4. Unanimity
  5. The Court's Footnote on Isolated Wetlands
  6. Statutes and the Constitution
  7. Tucker Act and Takings
  8. Placement of the Facts
  9. Linguistic Difficulties

The Circuit Court Opinion


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For corrections, comments, and questions, please e-mail John Setear.

This page was last updated on 03/10/99.