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STOECO DEV. v. DEPT. OF THE ARMY CORPS. OF ENGIN.

Civ. A. No. 88-0054.

701 F.Supp. 1075 (1988)

STOECO DEVELOPMENT, LTD., a New Jersey Limited Partnership; Stainton-Burrell Development, Ltd., a New Jersey Limited Partnership; The Shore Memorial Hospital, a Non-Profit Corporation of the State of New Jersey; and The Pennington School, a Non-Profit Corporation of the State of New Jersey, Plaintiffs, v. The DEPARTMENT OF THE ARMY CORPS OF ENGINEERS OF the UNITED STATES of America, Defendant. and UNITED STATES of America, Plaintiff, v. STOECO HOMES, INC.; Stoeco Development, Ltd., a New Jersey Limited Partnership; Stainton-Burrell Development, Ltd., a New Jersey Limited Partnership; The Shore Memorial Hospital, a non-profit Corporation of the State of New Jersey; and The Pennington School, a non-profit Corporation of the State of New Jersey, Defendants.

United States District Court, D. New Jersey.

November 2, 1988.

Attorney(s) appearing for the Case

Porro and Porro by Alfred A. Porro, Jr., Lyndhurst, N.J. and Ford and Flower, by Arthur T. Ford, III, Ocean City, N.J. for Stoeco Development, Ltd., et al.

Samuel A. Alito, Jr., U.S. Atty., by James C. Woods, Asst. U.S. Atty., Newark, N.J., for the Dept. of the Army Corps of Engineers.

OPINION

COHEN, Senior District Judge:

Presently before us are cross-motions for summary judgment in this consolidated action arising out of the defendant Department of the Army Corps of Engineers' (the "Corps") assertion of jurisdiction over approximately 17 acres of land in Ocean City, New Jersey, which the Government argues contains federally regulated wetlands. Plaintiffs are the owners and developers of the land in question. They move for summary judgment...

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