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D'OLIVE BAY REST. AND PRESERVATION COMMITTEE v. U.S. ARMY CORPS OF ENG.

Civil Action No. 05-0561-BH-D.

513 F.Supp.2d 1261 (2007)

D'OLIVE BAY RESTORATION AND PRESERVATION COMMITTEE, INC., Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS; et al., Defendants, v. Cypress/Spanish Fort I, L.P., Intervenor/Defendant.

United States District Court, S.D. Alabama, Southern Division.

March 15, 2007.

Attorney(s) appearing for the Case

Kenneth J. Riemer, Richard W. Fuquay, Mobile, AL, Richard H. Mays, Heber Springs, AR, for Plaintiff.

Eugene A. Seidel, U.S. Attorney's Office, Ann E. Taylor, Mobile, AL, for Defendants.

James A. Byram, Jr., Balch & Bingham, Montgomery, AL, Thomas M. O'Hara, McDowell Knight Roedder & Sledge, L.L.C., Mobile, AL, for Intervenor/Defendant.

FINDINGS OF FACT; CONCLUSIONS OF LAW AND ORDER

W.B. HAND, Senior District Judge.

This action is before the Court on the parties cross-motions for summary judgment (Docs. 26-27, 47-49, 50-51 and 56). This case involves a challenge to a permit issued by the United States Army Corps of Engineers ("Corps") to Cypress Equities ("Applicant" or "Cypress Equities" a/k/a "CSF") to fill wetlands and a streambed in conjunction with the construction of a 220 acre retail...

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