ACQUEST WEHRLE LLC v. U.S.

No. 06-CV-654C(SR).

567 F.Supp.2d 402 (2008)

ACQUEST WEHRLE LLC, Plaintiff, v. UNITED STATES of America, United States Environmental Protection Agency, United States Army Corps of Engineers, Town of Amherst, New York, Thomas and Ann Suchyna, Thomas and Shirley Galanes, George and Dorothy Martin, and Robert and Abigail Wesolowski, Defendants.

United States District Court, W.D. New York.

June 20, 2008.


Attorney(s) appearing for the Case

Paul J. Cambria, Jr., Joseph J. Manna, Lipsitz Green Scime Cambria LLP, Buffalo, NY, for Plaintiff.

Eric G. Hostetler, Bruce Kenneth Trauben, U.S. Department of Justice, Washington, DC, David J. Seeger, Law Office of David J. Seeger, Buffalo, NY, for Defendants.


JOHN T. CURTIN, District Judge.

In this action brought pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-06, plaintiff Acquest Wehrle LLC seeks a determination that its real property located at 2190 and 2220 Wehrle Drive in the Town of Amherst, New York, is exempt from the wetlands regulation provisions of the Clean Water Act ("CWA"), 42 U.S.C. § 1344, et seq. Defendants United States of America, United States Environmental...

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