K & K Construction, Inc v. Department of Natural Resources

This is a regulatory takings case. Defendant Department of Natural Resources appeals as of right from a September 8, 1993, judgment of the Court of Claims in plaintiffs’ favor. The Court of Claims determined that a taking had occurred as a result of defendant’s decision to deny plaintiffs’ application for a permit to build a restaurant on a parcel of land on the basis that the land was protected wetlands. The Court of Claims awarded $3,245,256 for the property taken, plus interest of $1,574,522.60, and $459,400 for a temporary taking of part of the land. We affirm.

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Plaintiffs own…