Alley's of Kingsport, Inc. v. United States

ORDER

ROBERT H. HODGES, JR., Judge.

Defendant’s motions for interlocutory appeal and to consolidate the related case Colonial Chevrolet, No. 10-647 with this one, are before the court for consideration. We grant-in-part defendant’s motion for interlocutory review, and defer ruling on the motion to consolidate, for the reasons described below.

INTERLOCUTORY REVIEW

Defendant’s motion seeks certification of two issues for expedited appeal: whether plaintiffs failed to state a claim where the legal theory they propose has no precedent in this Circuit’s takings jurisprudence, but where their arguments…