Legal Opinion

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

District Court, D. Delaware

Decided December 11, 1990No. Civ. A. 88-643 LONPublishedCited by 16 opinions

1Opinion of the Court

OPINION

LONGOBARDI, Chief Judge.

The Plaintiff in this case seeks declaratory relief with regard to the jurisdiction of the United States Army Corps of Engineers (the “Corps”) over the Plaintiff’s property and the permitting process of the Corps pursuant to the federal Clean Water Act (the “CWA”), 33 U.S.C. § 1251, et seq. The Plaintiff intends to use this property for residential development. This is the Court’s Opinion on the Government’s motion to dismiss. 1

I. BACKGROUND

The Plaintiff is the owner of a 14-1/2 acre tract of land located in the Town of Bethany Beach, Delaware (the “Site”).…

2Cases cited21 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
  3. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  4. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
  5. Block v. Community Nutrition InstituteSupreme Court of the United States · 1984

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3Cited by16 opinions

  1. Belle Co. v. United States Army Corps of EngineersCourt of Appeals for the Fifth Circuit · 2014
  2. Delores Walcek, Stanley Walcek, Albert Walcek, and Regina Ammons v. United StatesCourt of Appeals for the Federal Circuit · 2002
  3. Howell v. United States Army Corps of EngineersDistrict Court, D. New Mexico · 1992
  4. Child v. United StatesDistrict Court, D. Utah · 1994
  5. Leslie Salt Co. v. United StatesDistrict Court, N.D. California · 1991

11 more not listed; retrieve them via the Exa API.

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