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Representative Property Cases
Restraining Order and Stop Work Order Reversed Allowing Completion of 227-Unit Apartment Building
Marzulla Law successfully represented a District of Columbia construction company in a suit brought by an environmental group on NEPA grounds, enabling it to complete construction of a 227-unit apartment building in Washington. The project had been halted by a temporary restraining order issued by the court on NEPA grounds, and a Stop Work Order issued by the city, both of which were reversed, allowing completion of the project.
Friends of Tilden Park, Inc. v. District of Columbia, 806 A.2d 1201 (D.C. 2002).
Developer Gets Wetlands Permit After Suing Corps
Marzulla Law successfully represented a Nevada developer who sued the Corps of Engineers after the Corps issued a Cease and Desist Order halting construction of a 2200-acre mixed-use development in Reno. Prior to trial the Corps changed its position and agreed to issue a Section 404 wetlands permit, allowing the developer to complete the project.
Norman v. U.S., 429 F.3d 1081 (Fed. Cir. 2005).
District of Columbia Pays $6 Million for Tortious Interference with Federal Contract
Marzulla Law successfully represented a Washington developer in a suit against the District of Columbia for tortious interference with a build-to-suit contract entered into with a federal agency. The case settled during trial for $6 million.
4004 Minnesota, LLC v. District of Columbia, Civil Action No. 04-4128, settled prior to decision by the Superior Court of the District of Columbia (2004).
Property Owners Recover Damages Against Forest Service for Denial of Access
Marzulla Law successfully represented West Virginia property owners in a suit against the U.S. Department of Agriculture to recover damages for the wrongful interference with their right to access their hilltop home using a Forest Service road, and for a declaration that they are not required to apply for a permit to use the road. The Fourth Circuit Court of Appeals upheld Plaintiffs’ claim, ruling that Plaintiffs had an implied easement for access under West Virginia law, and that federal law did not affect this easement. The case was settled by consent decree, under which the federal government acknowledged Plaintiffs’ easement and paid them damages for unlawful interference with their right of access.
U.S. v. Srnsky, 271 F.3d 595(4th Cir. 2001)
Other representative cases our lawyers have handled:
• Successfully represented a casino boat owner in negotiating settlement of Mississippi wetland enforcement case with EPA.
• Successfully negotiated settlement of Tennessee environmental crimes prosecution involving hazardous waste disposal.
• Successfully completed environmental audits and due diligence for large corporate transactions involving asbestos, PCB’s, and many other substances.
• Successfully represented Nevada gold mining company in Justice Department prosecutions for violation of endangered species act, RCRA, migratory bird treaty act, and superfund (CERCLA).
• Successfully represented Texas asbestos removal contractor in $2 million EPA administrative claim for alleged Clean Air Act violations involving asbestos.
• Successfully represented Virginia landowners in $13 million condemnation for airport expansion.
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