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OTAY MESA PROPERTY L.P. v. U.S. DEPT. OF INTERIOR

Civil Action No. 08-383(RMC).

714 F.Supp.2d 73 (2010)

OTAY MESA PROPERTY L.P., et al., Plaintiffs, v. U.S. DEPARTMENT OF the INTERIOR, et al., Defendants.

United States District Court, District of Columbia.

May 27, 2010.

Attorney(s) appearing for the Case

Nancie G. Marzulla , Roger Joseph Marzulla , Marzulla & Marzulla, Washington, DC, for Plaintiffs.

Meredith L. Flax , U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

ROSEMARY M. COLLYER, District Judge.

The owners of 143 acres of property on Otay Mesa in San Diego County, California, sue the U.S. Fish and Wildlife Service ("FWS") to cancel its designation of this portion of their property as critical habitat for the endangered San Diego fairy shrimp under the Endangered Species Act, 16 U.S.C. § 1531 et seq. The Court now considers the parties' cross-motions for summary judgment.

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