Citations
- 753 F. Supp. 532
Full opinion text
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.
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”). Thirteen of these acres, according to Plaintiff, “have been designated as ‘wetlands’ ” by the United States of America through the Corps. Plaintiff alleges that