Formanek v. United States

OPINION

ROBINSON, Judge.

This case is before the court on defendant’s motion to dismiss or for summary judgment and on plaintiffs’ cross-motion for partial summary judgment. Plaintiffs claim that the U.S. Army Corps of Engineers’ (Corps) denial of their Clean Water Act § 404 permit application to discharge fill material onto their 112-acre tract in Savage, Minnesota, containing approximately 100 acres of wetlands, constitutes a taking under the fifth amendment. Defendant argues in its motion to dismiss that the claim is not ripe for judicial review because the Corps denied only one possible use…