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.)

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 2

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