Waverley View Investors, LLC v. United States

MEMORANDUM

CATHERINE C. BLAKE, District Judge.

Plaintiff Waverley View Investors, LLC (“Waverley”) sues the United States under, the Federal Tort Claims Act (“FTCA”) for negligence, trespass, and private nuisance arising out of the United -States Army’s waste disposal and remediation practices at Fort Detrick, which have contaminated groundwater beneath Waverley’s land. The United States filed a motion to dismiss for lack of subject matter jurisdiction' on the grounds that Waverley’s claims fall within the FTCA’s discretionary function exception (“DFE”). The court held a hearing on the motion…