Shain v. Veneman

ORDER ON DEFENDANTS’ MOTION TO DISMISS

GRITZNER, District Judge.

Before the Court is Defendants’ Motion to Dismiss or in the Alternative for Summary Judgment (Clerk’s No. 3). The Court first addresses the motion to dismiss. Having considered the motion, Plaintiffs’ resistance, a corresponding reply, documents related to amicus curiae briefs, and statements at oral argument, the Court grants Defendants’ Motion to Dismiss. Accordingly, the Defendants’ alternative motion for summary judgment is denied as moot.

I. PROCEDURE

This case arises out of the construction of two sewage lagoon ponds near the…