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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : RONALD A. BURROWS, et al. : v. : Civil Action No. DKC 2003-1263 : UNITED STATES OF AMERICA, et al. :

MEMORANDUM OPINION Presently pending and ready for resolution is Defendants' motion to dismiss or, in the alternative, for summary judgment. The issues have been fully briefed and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the

reasons set forth below, Defendants' motion will be granted. I. Background A. Factual History The following facts have been alleged by Plaintiffs or are uncontroverted. In 1999, Plaintiffs purchased and moved into a

townhouse located directly across the street from the loading dock and postal truck delivery area of the Rockville, Maryland Main Post Office. since 1962. The Post Office has operated continuously

Plaintiffs' townhouse is part of the Cambridge

Cluster development and Plaintiffs are members of the Cambridge Cluster Homeowners became Association aware, and (CCHA). began to Upon moving of in, noise

Plaintiffs

complain,

emanating from the Post Office as a result of various postal operations, including the loading and unloading of mail trucks. Plaintiffs' main complaint focused not on how much noise was made, but rather that the noise occurred during the early hours of the morning. Numerous efforts were made, by Plaintiffs and

the CCHA, to work with federal and local officials to address the concerns regarding the noise surrounding the loading and docking area. Despite their efforts, Plaintiffs claim that the

Post Office has failed to act in any manner to reduce or mitigate the negative impact the noise has on Plaintiffs and their residence. According to Plaintiffs, the Postal Service

refused to provide soundproofing, reschedule deliveries, enclose the loading docks, or relocate the docks away from the

residential area.

Plaintiffs contend that, as a result of the

noise, their ability to sleep has been disturbed and they are unable to use the master bedroom as it is located closest to the Post Office. B. Procedural History On or about July with 14, the 2001, United Mr. Burrows filed an

administrative

claim

States

Postal

Service

complaining of "past, present and future losses of use and enjoyment of my property . . . due to the unlawful operations and other unnecessary nuisances 2 that are easily and

inexpensively abated at the Rockville Main Post Office."1

On

October 19, 2001, the claim was denied although the letter of denial did not set forth his right to litigate.2 On April 22,

2002, Mr. Burrows requested a reconsideration of the October 19th denial.3 The Postal Service informed Mr. Burrows that, because

the request was not filed within 6 months of the October 19th denial, his request for reconsideration was denied as untimely. The denial is dated April 23, 2002. On May 31, 2002, Mr.

Burrows then argued that because the October 19th denial failed to state his right to litigate, it was not a final denial under 39 C.F.R.

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