Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Arlington Valley Land Company Inc.

United States District Court, W.D. Washington, Seattle

December 11, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ARLINGTON VALLEY LAND COMPANY, INC. administered by Susan Stanley in her official capacity as bankruptcy trustee, MICKIE JARVILL, and individual, RONALD NOBACH, an individual, ROBERT HILD, an individual, NOBACH-PACIFIC, a general partnership, and NOBACH-HILD, a general partnership Defendants.

          JEFFERY H. WOOD Acting Assistant Attorney General Environment & Natural Resources Division U.S. Department of Justice

          MICHAEL J. ZEVENBERGEN Senior Counsel Environmental Enforcement Section Environment & Natural Resources Division U.S. Department of Justice

          STEVEN J. PEIFFLE Arlington City Attorney

          VERN RENGEN

          STIPULATION AND ORDER AMENDING CONSENT DECREE

          HON. WALTER T. MCGOVERN UNITED STATES SENIOR DISTRICT JUDGE

         WHEREAS, the claims brought by the United States of America (“United States”) in this action were resolved by consent decrees previously entered by this Court;

         WHEREAS, Paragraphs 18-22 of the Consent Decree entered by this Court on or about February 3, 2000 (“Consent Decree”), provides for the protection and preservation of certain properties formerly owned by some of the defendants in this action, and those properties now are owned and preserved by the City of Arlington consistent with the Consent Decree;

         WHEREAS, the City of Arlington desires to develop a road that would run through some of the property identified in Paragraphs 18-22 of the Consent Decree, including Lot 11 and Lot 12;

         WHEREAS, the City of Arlington owns Lot 11 identified in the Consent Decree, and Vern Rengen owns Lot 12 identified in the Consent Decree;

         WHEREAS, most of the footprint of the desired road adjacent to Lot 11 would be located on the “60' Road Easement” shown on the map in Appendix B of the Consent Decree, but some portion of the desired road would be located on a part of Lot 11 that currently is subject to restrictions imposed pursuant to the Consent Decree;

         WHEREAS, the United States, through the United States Army Corps of Engineers and the United States Environmental Protection Agency, has determined that it would be appropriate to lift the Consent Decree's land use restrictions to allow road development on a portion of Lot 11 in exchange for transfer to the City of Arlington of a much larger portion of Lot 12 and placement of land use restrictions on the transferred portion of Lot 12;

         WHEREAS, the determination of the United States in the previous paragraph includes a determination that the portion of Lot 12 to be exchanged is not a “water of the United States” within the meaning of the Clean Water Act, 33 U.S.C. §§ 1251 et seq.;

         WHEREAS, the portions of Lot 11 and Lot 12 that would be subject to this exchange are shown on the map in Attachment A in green (Lot 11) and blue and red (Lot 12), respectively, and the legal descriptions of those portions of Lot 11 and Lot 12 are provided in Attachments B and C, respectively;

         WHEREAS, Vern Rengen, the owner of Lot 12, has agreed to transfer to the City of Arlington those portions of Lot 12 shown on the map in Attachment A and described in Attachment C, in exchange for those portions of Lot 11 shown on the map in Attachment A and described in ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.