Route 26 Land Development Ass'n v. United States Government

MEMORANDUM ORDER

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Plaintiff Route 26 Land Development Association (“Route 26”) files this motion to reopen a declaratory judgment action 1 based on a recent decision of the United States Supreme Court, Solid Waste Agency of Northern Cook County v. Army Corps of Engineers, 531 U.S. 159, 121 S.Ct. 675, 148 L.Ed.2d 576 (2001) (the “SWANCC decision”). (D.I.44) Route 26 contends this case warrants reopening to determine whether: (1) the SWANCC decision is applicable; (2) the property 2 constitutes “isolated” wetlands over which “the Federal and State…