Save Our Sound OBX, Inc., et al v. North Carolina Department of Transportation, et al

Filing 64

ORDER denying 30 Motion to Dismiss for Lack of Jurisdiction; denying 45 Motion to Dismiss for Failure to State a Claim; denying 45 Motion to Dismiss for Lack of Jurisdiction. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 8/30/2017. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
NO. 2:17-CV-4-FL

SAVE OUR SOUND OBX, INC.;
THOMAS ASCHMONEIT; RICHARD
AYELLA; DAVID HADLEY; MARK
HAINES; JER MEHTA; and GLENN
STEVENS,
Plaintiffs,
v.
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION; JAMES H.
TROGDON, III in his official capacity as
Secretary of the North Carolina
Department of Transportation; FEDERAL
HIGHWAY ADMINISTRATION; and
JOHN F. SULLIVAN, III, in his official
capacity as Division Administrator for the
Federal Highway Administration,
Defendants,
and
DEFENDERS OF WILDLIFE; and
NATIONAL WILDLIFE REFUGE
ASSOCIATION,
Intervenor-Defendants.

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ORDER

This matter is before this court upon partial motions to dismiss, (DE 30, 45), filed by
defendants North Carolina Department of Transportation and James H. Trogdon, III and intervenordefendants Defenders of Wildlife and National Wildlife Refuge Association. The issues presented
are ripe for ruling. Upon thorough consideration of the parties’ arguments and for the reasons set

forth in memorandum opinion soon to follow, the motions are DENIED.
SO ORDERED, this the 30th day of August, 2017.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

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