ORCHARD HILL BLDG. CO. v. US ARMY CORPS OF ENGINEERS

No. 17-3403.

893 F.3d 1017 (2018)

ORCHARD HILL BUILDING COMPANY, doing business as Gallagher & Henry, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 27, 2018.


Attorney(s) appearing for the Case

Theodore Hadzi-Antich , Robert E. Henneke , Chance Weldon , Attorneys, TEXAS PUBLIC POLICY FOUNDATION, Austin, TX, David E. Zajicek , Attorney, HUCK BOUMA, Wheaton, IL, for Plaintiff-Appellant.

Thekla Hansen-Young , Attorney, DEPARTMENT OF JUSTICE, Environment & Natural Resources Division, Washington, DC, for Defendant-Appellee.

Before Bauer, Barrett, and St. Eve, Circuit Judges.


This case concerns just shy of 13 acres of wetlands, which lie in a south-suburban plot of land called the Warmke parcel. Orchard Hill Building Company purchased the Warmke parcel in 1995 with plans for a large-scale residential development. Not wanting to run afoul of the Clean Water Act, Orchard Hill requested a determination...

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