Free Stipulation - District Court of Delaware - Delaware

Case 1 :92-cv—00597-SLR Document 52-4 Filed 08/31/2007 Page1 0f4

Case 1 :92-cv—00597-SLR Document 52-4 Filed 08/31 /2007 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SALT POND ASSOCIATES, :
Plaintiff and
Counter-Defendant :
v. Civil Action No. 92-597-LON
. UNITED STATES ARMY CORPS
OF ENGINEERS, et al., :
Defendants and
Counter-Claimants. :
PLAINTIFF’S UNOPPOSED MOTION
TO TERMINATE CONSENT DECREE
The plaintiff, Salt Pont Associates (“SPA), by and through counsel, hereby respectfully
moves the Court to terminate the consent decree, and sets forth the following to support said
motion:
l. SPA, the plaintiff and counter-defendant, entered a Consent Decree on or about
January 10, 1994, with the defendants-counter claimants, the United States of America and the
United States Army Corps of Engineers ("Corps). A copy of the Consent Decree is attached
hereto as Exhibit A;
2. SPA complied with the various requirements set forth in the Consent Decree, U
including but not limited to payment ofpenalties;
3. The Consent Decree also requires SPA to undertake certain wetlands mitigation
work. Subsequent to performance of wetlands mitigation work pursuant to the Consent Decree,
some such work was damaged by mowing activity associated with nearby lands;

Case 1 :92-cv—00597-SLR Document 52-4 Filed 08/31 /2007 Page 3 of 4
4. Consequently, SPA and the Corps agreed to certain restoration work to be
performed by or on behalf of SPA. SPA also agreed to install certain monuments and signs to
mark the borders of a conservation area which contains wetlands and which is subject to a
Conservation Easement established pursuant to the Consent Decree; ·
5. On July 26, 2006, the parties entered a Stipulation to Modify the Consent Decree
and to provide a means by which the Consent Decree could be terminated. Court approval of the
Stipulation is required pursuant to Section XV of the Consent Decree. A copy of the Stipulation
is attached hereto as Exhibit B;
6. As per the Stipulation, defendants do not oppose this motion;
7. Pursuant to the Stipulation the parties have agreed that all of the requirements of
the Consent Decree, as modified by the Stipulation, have been satisfied.
WHEREFORE, SPA respectiitlly moves the Court for an order approving the Stipulation
to Modify the Consent Decree and, pursuant to this motion, to terminate the Consent Decree.
8 PARKOWSKI, GUERKE & SWAYZE, P.A.
By:
F. Michael Parkowski, Esquire
Delaware Bar I.D. No. 7
116 W. Water Street
P. O. Box 598
Dover, DE 19903
(302) 678-3262
[email protected]
Attorneys for Salt Pond Associates
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Case 1 :92-cv—00597-SLR Document 52-4 Filed 08/31/2007 Page 4 of 4
COLM F. CONNOLLY
United States Attorney
By:
Patricia C. Hannigan
Assistant United States Attomey
Delaware Bar I.D. No. 2145
The Nemours Building
1007 Orange Street, Suite 700
P. O. Box 2046
Wilmington, DE 19899-2046
(302) 573-6277
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Attorneys for the United States
Army Corps of Engineers
IT IS SO ORDERED this day of , 2006.
J.
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