Assignment

Assignment

In light of the earlier decisions taken by the respected courts and considering the O'Hearn Modernization Act with respect to the Midwestago Airport Authority (the “MAA”) addressing all seven issues that play the key role for the development of Midwestago Airport. Firstly The denial by the Corps of Engineers of the dredge and fill permit to the MAA was arbitrary and capricious, because the Corps had granted dredge and fill permits under similar circumstances before in the Great Lakes Region when there was potential danger to an endangered species. Supporting the decisions of the Seventh Circuit ordered the Corps to issue the dredge and fill permit to the MAA forthwith, enabling the MAA to commence the dredging and filling needed for the Runway 10 Center extension into Lake Offterio.

The denial by the EPA of the Coastal Zone Management permit to the MAA was arbitrary and capricious, because (a) although the construction technology which would be used to construct Runway 10 Center had not been tested in typhoons in Lake Offterio, it had been successfully tested in typhoons in nearby Lake Weary, which century-long comparative meteorology records from the National Oceanic and Atmospheric Administration evidenced were far more severe than the typhoons on Lake Offterio, and (b) studies by Midwestern prairie experts indicated that any of the supposedly “delicate and irreplaceable” wildlife in the New Kiel area could be found in many undeveloped areas of the State of Wissinois coastline on Lake Offterio. In addition referring to the taking of the Cemetery. MAA violates the 5th and 14th amendment, the Constitution of the United States contains several provisions which are directly operative over the issue of human remains.

These include the Fifth Amendment, which provides that No person shall be deprived of life, liberty, or property without due process of law, nor shall private property be taken for public use without just compensation. In addition The First Amendment of the Constitution of the United States also is directly operative over cemeteries, especially in so far as the latter are part of the religious complex of any particular cultural tradition. One cannot, for example simply build a highway through a dedicated Roman Catholic cemetery nor can bodies be removed for study without due process of law. (Longtin 2005)

The First Amendment states that "no law respecting the establishment of religion" shall ever be legal. Clearly then, Native American sanctified cemeteries and burials must be accorded exactly the same legal protection as are accorded white Christian cemeteries or white Jewish cemeteries. Moreover, it would seem clear that the "taking" of religious places of worship and sanctified cemeteries requires a special form of due process in order to meet First Amendment requirements.3

The Fourth Amendment provides protection for graves against searches and seizures without a warrant:The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but on probable cause.

It would seem patently clear that any exhumation of a grave ...