Legal Opinion

D'Olive Bay Restoration & Preservation Committee, Inc. v. United States Army Corps of Engineers

District Court, S.D. Alabama

Decided March 15, 2007No. Civil Action 05-0561-BH-DPublishedCited by 3 opinions

1Opinion of the Court

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 shopping center (“Project”) in Spanish Fort, Alabama. The Plaintiff, D’Olive Bay Restoration and Preservation Committee, Inc. (“D’Olive”),…

2Cases cited48 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  3. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  4. Camp v. PittsSupreme Court of the United States · 1973
  5. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989

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3Cited by3 opinions

  1. Alabama Rivers Alliance, Inc. v. U.S. Army Corps of EngineersDistrict Court, N.D. Alabama · 2009
  2. Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Eng'rsDistrict Court, N.D. Alabama · 2018
  3. Sierra Club v. United States Army Corps of EngineersDistrict Court, M.D. Florida · 2023

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