Big Oak Farms, Inc. v. United States

Fifth Amendment Taking Claims; partial summary judgment; United States v. Sponenbarger, 308 U.S. 256 (1939); Danforth v. United States, 308 U.S. 271(1939); the relative benefits test in flooding cases; government’s burden of proof.

OPINION

FIRESTONE, Senior Judge.

This inverse condemnation and breach of contract case is now before the court on the parties’ cross motions for partial summary judgment pursuant to Rule 56 of the Rules of the Court of Federal Claims. The plaintiffs, Big Oak Farms, Inc. and twenty others, have filed suit on behalf of a proposed class of persons or entities that owned…