Rose Acre Farms, Inc. v. North Carolina Department of Environment & Natural Resources et al

Filing 96

JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the court GRANTS defendants' motion to dismiss [D.E. 53] pursuant to Rule 12(b)(l) for lack of subject-matter jurisdiction. Alternatively, the court DISMISSES the action pur suant to its discretion under the Declaratory Judgment Act. The court DISMISSES Rose Acre's motion for summary judgment [D.E. 65]. The clerk shall close the case. Signed by Julie Richards Johnston, Clerk of Court on 7/30/2015. (O'Brien, C.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
ROSE ACRE FARMS, INC.,

)
)
Plaintiff,
)
)
v.
)
)
)
NORTH CAROLINA DEPARTMENT OF )
ENVIRONMENT & NATURAL
)
RESOURCES, JOHN E. SKVARLA,
)
Secretary, North Carolina Department of )
Environment and Natural Resources,
)
TOM REEDER, Director, Division of
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Water Resources, North Carolina
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Department of
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Environment and Natural Resources,
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PAMLICO-TAR RIVER FOUNDATION, )
FRIENDS OF POCOSIN LAKES
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NATIONAL WILDLIFE REFUGE, and
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WATERKEEPER ALLIANCE, INC.,
)
)
Defendants.
)

JUDGMENT
No. 5:14-CV-147-D

Decision by Court.
This action came before the Honorable James C. Dever III, Chief United States District Judge, for
ruling as follows:
IT IS ORDERED, ADJUDGED, AND DECREED that the court GRANTS defendants' motion
to dismiss [D.E. 53] pursuant to Rule 12(b)(l) for lack of subject-matter jurisdiction.
Alternatively, the court DISMISSES the action pursuant to its discretion under the Declaratory
Judgment Act. The court DISMISSES Rose Acre's motion for summary judgment [D.E. 65].
The clerk shall close the case.

This Judgment Filed and Entered on July 30, 2015, and Copies To:
Joseph A. Miller

(via CM/ECF electronic notification)

R. Sarah Compton

(via CM/ECF electronic notification)

Anita LeVeaux-Quigless

(via CM/ECF electronic notification)

Carolyn Ann McLain

(via CM/ECF electronic notification)

Eve C. Gartner

(via CM/ECF electronic notification)

Hannah Chang

(via CM/ECF electronic notification)

Jerome R. Eatman, Jr.

(via CM/ECF electronic notification)

Frederick H. Turner

(via CM/ECF electronic notification)

James T. Banks

(via CM/ECF electronic notification)

Donald J. Harris

(via CM/ECF electronic notification)

Henry W. Jones, Jr.

(via CM/ECF electronic notification)

Lori Peoples Jones

(via CM/ECF electronic notification)

DATE

JULIE RICHARDS JOHNSTON, CLERK

July 30, 2015

By:

/s/ Courtney O’Brien
Deputy Clerk