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MALL PROPERTIES, INC. v. MARSH

Civ. A. No. 85-4038-W.

672 F.Supp. 561 (1987)

MALL PROPERTIES, INC., Plaintiff, v. John V. MARSH, Defendant.

United States District Court, D. Massachusetts.

September 8, 1987.

Attorney(s) appearing for the Case

Mark A. Chertok, Alice E. Richamond, Hemenway & Barnes, Boston, Mass., for plaintiff.

David E. Dearing, Environmental Defense Section, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for defendant.

Peter Shelley, Conservation Law Foundation, Boston, Mass., for Connecticut Fund.

Katherine Robinson, Hartford, Conn., for Connecticut Fund for the Environment.

Roberta Friedman, Jonathan Einhorn, P.C., New Haven, Conn., for New Haven League of Women Voters.

Neil Proto, Kelley, Drye & Warren, Stamford, Conn., Frank Cochran, Peter Cooper, Cooper, Whitney & Cochran, New Haven, Conn., Edward Larson, Weston, Patrick, Willard & Redding, Boston, Mass., James T.B. Tripp, Michael Herz, Environmental Defense Fund, New York City, for City of New Haven.

MEMORANDUM AND ORDER

WOLF, District Judge.

Mall Properties, Inc., a developer of shopping malls, brought this action, seeking an order vacating the denial by the U.S. Army Corps of Engineers (the "Corps") of an application for a permit under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, 33 U.S.C. §§ 403 and 1344 (1982). The permit is required for the development of a proposed mall on a site in the Town of North...

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