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BALLANGER v. JOHANNS

No. 4:05-cv-00491.

451 F.Supp.2d 1061 (2006)

John BALLANGER, Jr., Plaintiff, v. Mike JOHANNS, Secretary of the United States Department of Agriculture, Defendant.

United States District Court, S.D. Iowa, Central Division.

September 15, 2006.

Attorney(s) appearing for the Case

Thomas A. Lawler, Lawler & Swanson, PLC, Parkersburg, IA, for Plaintiff.

Gary L. Hayward, United States Attorney, Des Moines, IA, for Defendant.

ORDER

PRATT, Chief Judge.

Plaintiff, John Ballanger, Jr. ("Ballanger"), seeks judicial review of the United States Department of Agriculture's ("USDA" or "Agency") decision that he converted a wetland for agricultural use under 16 U.S.C. §§ 3801, 3821-24, making him ineligible for certain federal benefits. Ballanger appeals a decision issued on May 17, 2005 by M. Terry Johnson, Deputy Director of the USDA National Appeals Division ("AND"). In that...

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