B & D Land and Livestock Co., an Iowa Corporation v. United States Department of Agriculture

Filing 29

JUDGMENT in favor of B & D Land and Livestock Co against United States Department of Agriculture. The Hearing Officer's final determination as to t1653 is vacated in its entirety and the case is remanded for agency action in conformity with the court's judgment that the record does not support determinations that wetlands exist of Site 1 and Site 3 of t1653. Signed by Clerk on 11/05/08. (src)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF IOWA CENTRAL DIVISION B & D LAND AND LIVESTOCK,CO. Plaintiff, vs. ED SCHAFER, Secretary, United States Department of Agriculture, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. C07-3070 MWB JUDGMENT IN A CIVIL CASE This matter came before the Court. The issues have been decided and a decision has been rendered. IT IS ORDERED AND ADJUDGED The Hearing Officer's "final" determination as to t1653 is vacated it its entirety and the case is remanded for agency action in conformity with the court's judgment that the record does not support determinations that "wetlands" exist on Site 1 and Site 3 of t1653. DATED: November 5 2008 Robert L. Phelps - Clerk S/src By: Deputy Clerk

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