Legal Opinion

Walcek v. United States

United States Court of Federal Claims

Decided April 5, 2001No. 94-315LPublishedCited by 18 opinions

1Opinion of the Court

OPINION

ALLEGRA, Judge.

This regulatory taking case is before the court following a tidal held in Wilmington, Delaware and Bethany Beach, Delaware. Plaintiffs seek just compensation under the Fifth Amendment because the Army Corps of Engineers (the Corps) failed to grant a requested permit to allow for the full development of Federal wetlands on plaintiffs’ property. Instead, the Corps issued a limited permit allowing only for a scaled down development, one which plaintiffs claim is not economically viable. Based on the evidence presented, and for the reasons set forth below, the court…

2Cases cited57 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  4. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  5. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922

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3Cited by18 opinions

  1. K & K Const. Inc. v. DeqMichigan Court of Appeals · 2005
  2. Brace v. United StatesUnited States Court of Federal Claims · 2006
  3. Delores Walcek, Stanley Walcek, Albert Walcek, and Regina Ammons v. United StatesCourt of Appeals for the Federal Circuit · 2002
  4. Norman v. United StatesUnited States Court of Federal Claims · 2004
  5. Cane Tennessee, Inc. v. United StatesUnited States Court of Federal Claims · 2003

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