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U.S. v. BAILEY

No. 05-CV-2245 (PJS/RLE).

556 F.Supp.2d 977 (2008)

UNITED STATES of America, Plaintiff, v. Gary BAILEY, Defendant. Gary Bailey, Third-Party Plaintiff, v. Lake of the Woods County, Third-Party Defendant.

United States District Court, D. Minnesota.

March 31, 2008.

Attorney(s) appearing for the Case

Friedrich A.P. Siekert, Assistant United States Attorney, United States Attorney's Office, for plaintiff.

Alan B. Fish, Alan B. Fish, P.A., for defendant.

Scott T. Anderson, Ratwik Roszak & Maloney, P.A., for third-party defendant.

ORDER FOR JUDGMENT

PATRICK J. SCHILTZ, District Judge.

In the summer of 1998, defendant Gary Bailey constructed a road on a parcel of wetland located in Lake of the Woods County, Minnesota ("the Site"), without obtaining a permit under Section 404 of the Clean Water Act ("CWA"), 33 U.S.C. § 1344. In October 2001, the United States Army Corps of Engineers ("the Corps") issued a restoration order requiring Bailey to restore the wetland to its pre-violation...

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