Lakewood Associates v. United States

OPINION

HORN, Judge.

The above-captioned case comes before the court on the plaintiffs motion for summary judgment and the defendant’s motion for dismissal, or, in the alternative, cross motion for summary judgment. Plaintiff, Lakewood Associates, has filed a motion for summary judgment arguing that its failure to receive an appealable final decision on its wetlands development permit application is not a bar to judicial review because continuing the permitting process would have been futile. Plaintiff argues that compliance with the Corps’ requests would have been burdensome and without…