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VILLAGE OF BALD HEAD ISLAND v. U.S. ARMY CORPS

No. 7:10-CV-251-BO.

833 F.Supp.2d 524 (2011)

VILLAGE OF BALD HEAD ISLAND, Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS; United States of America; Honorable John McHugh, Secretary of the Army, in his official capacity; Lieutenant General Robert L. Antwerp, Jr., United States Army Chief of Engineers, in his official capacity; Major General Todd T. Semonite, Commander, South Atlantic Division, United States Army Corps of Engineers, in his official capacity; and Colonel Jefferson M. Ryscavage, Commander, Wilmington District, United States Army Corps of Engineers, in his official capacity, Defendants, and Town of Caswell Beach and Town of Oak Island, Defendant-Intervenors.

United States District Court, E.D. North Carolina, Southern Division.

November 14, 2011.

Attorney(s) appearing for the Case

Alexander Elkan , George William House , William P.H. Cary , Brooks Pierce McLendon Humphrey & Leonard, L.L.P., Greensboro, NC, Wes J. Camden , Brooks Pierce McLendon Humphrey & Leonard, L.L.P., Raleigh, NC, for Plaintiff.

Barbara M.R. Marvin , Carol L. Draper , Paul Cirino , Jacob A. Schunk , U.S. Department of Justice, Washington, DC, Seth Morgan Wood , U.S. Attorney's Office, Raleigh, NC, for Defendants.

Steven J. Levitas , Todd S. Roessler , Kilpatrick Townsend & Stockton LLP, Raleigh, NC, for Defendant-Intervenors.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter is before the Court on Defendants' Motion to Dismiss, Plaintiffs Motion for Partial Summary Judgment, and Plaintiffs Motion for Preliminary Injunction. A hearing was held on these matters before the undersigned on October 12, 2011, in Raleigh, North Carolina and all matters are ripe for ruling. For the reasons discussed below, Defendants' Motion...

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