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ROUTE 26 LAND DEVELOPMENT ASS'N v. U.S. GOVERNMENT

Civ. A. No. 88-643 LON.

753 F.Supp. 532 (1990)

ROUTE 26 LAND DEVELOPMENT ASSOCIATION, Plaintiff, v. UNITED STATES GOVERNMENT, Defendant.

United States District Court, D. Delaware.

December 11, 1990.

Attorney(s) appearing for the Case

Harold W. T. Purnell, II, Tunnell and Raysor, Georgetown, Del. (Stanley J. Walcek, Bethany Beach, Del., of counsel), for plaintiff.

Kent A. Jordan, U.S. Attys. Office, Wilmington, Del. (Rebecca A. Lloyd, U.S. Dept. of Justice, Washington, D.C., Barry F. Gale, U.S. Army Corps of Engineers, Philadelphia, Pa., Richard F. Frank, U.S. Army Corps of Engineers, Washington, D.C., of counsel), for defendant.

OPINION

LONGOBARDI, Chief Judge.

The Plaintiff in this case seeks declaratory relief with regard to the jurisdiction of the United States Army Corps of Engineers (the "Corps") over the Plaintiff's property and the permitting process of the Corps pursuant to the federal Clean Water Act (the "CWA"), 33 U.S.C. § 1251, et seq. The Plaintiff intends to use this property for residential development. This is the Court's Opinion on the Government's motion...

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