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STOECO DEV. v. DEPT. OF ARMY CORPS OF ENGINEERS

Civ. No. 88-0054 (WGB).

792 F.Supp. 339 (1992)

STOECO DEVELOPMENT, LTD.; Stainton-Burrell Development, Ltd.; The Shore Memorial Hospital, and The Pennington School, Plaintiffs, v. The DEPARTMENT OF THE ARMY CORPS OF ENGINEERS OF THE UNITED STATES OF AMERICA, Defendant. and UNITED STATES of America, Plaintiff, v. STOECO HOMES, INC.; Stoeco Development, Ltd.; Stainton-Burrell Development, Ltd.; The Shore Hospital; and The Pennington School, Defendants.

United States District Court, D. New Jersey.

April 14, 1992.

Attorney(s) appearing for the Case

Michael Chertoff, U.S. Atty. by Irene Dowdy, Asst. U.S. Atty., D. N.J., Trenton, N.J., for the Army Corps of Engineers.

Levin & Hluchan by Richard M. Hluchan, Voorhees, N.J., for Stoeco, et al.

OPINION

BASSLER, District Judge:

Plaintiffs Stoeco Development, Ltd., Stainton-Burrell Development, Ltd., the Shore Memorial Hospital and the Pennington School ("Stoeco") move for a plenary hearing on the issue of whether the lands they are developing are "wetlands" within the meaning of the Clean Water Act, 33 U.S.C. § 1251 et seq., and 33 C.F.R. § 328.3(b). Defendant Department of the Army, Corps of Engineers, ("Corps") cross-moves for...

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