U.S. v. NEWDUNN ASSOCIATES

Nos. CIV.A. 2:01CV508, CIV.A. 4:01CV86.

195 F.Supp.2d 751 (2002)

UNITED STATES of America, Plaintiff, v. NEWDUNN ASSOCIATES, Orion Associates, and Northwest Contractors Corporation, Defendants. Dennis H. Treacy, Director Commonwealth of Virginia Department of Environmental Quality, and State Water Control Board, Plaintiffs, v. Newdunn Associates, L.L.P.,

United States District Court, E.D. Virginia, Norfolk Division.

April 3, 2002.


Attorney(s) appearing for the Case

United States of America, Michael Anson Rhine, Esq., Craig Paul Wittman, Esq., U.S. Attorney's Office, Norfolk, Steven Edward Rusak, Esq., Kent Edmund Hanson, Esq., U.S. Department of Justice, Environmental Defense, Environment and Natural Resources Division, Washington, DC, John Kenneth Byrum, Jr., Esq., Rick Randall Linker, Esq., Office of the Attorney General, Richmond, for Plaintiffs.

Mark Randolf Baumgartner, Esq., Richard Hoyt Matthews, Esq., Douglas Eugene Kahle, Pender & Coward, Virginia Beach, for Defendants.


OPINION AND ORDER

MORGAN, District Judge.

The parties come before the Court in these consolidated cases for a non-jury trial, seeking to resolve issues surrounding the Defendant's activities on the forty three (43) acre parcel of land located at the intersection of Industrial Park Drive and Jefferson Avenue in Newport News, Virginia (the "Property" or the "Newdunn Property"). At the conclusion of the trial on March 8, 2002, the Court ruled from the...

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