Russellville Legends LLC v. United States Army Corps of Engineers
This text of Russellville Legends LLC v. United States Army Corps of Engineers (Russellville Legends LLC v. United States Army Corps of Engineers) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION RUSSELLVILLE LEGENDS, LLC PLAINTIFF
v. Case No. 4:19-CV-00524-BSM UNITED STATES ARMY CORPS OF ENGINEERS, et al. DEFENDANTS ORDER Defendants’ motion to dismiss Russellville’s inverse condemnation claim [Doc. No. 11] is granted, and that claim is dismissed without prejudice. Russellville’s claim for damages is also dismissed by agreement. See Doc. No. 5. To the extent that defendants
move to dismiss based on sovereign immunity or subject matter jurisdiction, the motion is denied because, as defendants acknowledge, the Administrative Procedure Act, 5 U.S.C. § 702, et seqg., (APA) “expressly waives sovereign immunity as to any action for nonmonetary relief brought against the United States.” Raz v. Lee, 343 F.3d 936, 938 (8th Cir. 2003). IT IS SO ORDERED this 25th day of September, 2020. Bron Fy A I Qo UNITED STATES DISTRICT JUDGE
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Russellville Legends LLC v. United States Army Corps of Engineers, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russellville-legends-llc-v-united-states-army-corps-of-engineers-ared-2020.