Loveladies Harbor, Inc. v. United States

OPINION

SMITH, Chief Judge.

This case comes before this court on defendant’s motion for summary judgment and on plaintiffs’ cross-motion for partial summary judgment. In plaintiffs’ motion for partial summary judgment, it is claimed that the Army Corps of Engineers’ refusal to issue a fill permit for the development of 12.5 acres of plaintiffs’ wetlands constituted a taking under the Fifth Amendment to the United States Constitution. Defendant’s motion for summary judgment argues that no such taking has occurred. For the reasons set forth below, this court must deny the motions of both parties.…