Legal Opinion

Martin v. United States

United States Court of Federal Claims

Decided January 28, 1994No. 90-658LPublishedCited by 25 opinions

1Opinion of the Court

ORDER

LYDON, Senior Judge:

Patrick Martin filed a complaint in the United States Claims Court on July 17,1990, seeking a declaration that the defendant, acting through the Army Corps of Engineers, dumped spoilage on his property and thereby effected a taking, entitling him to reasonable compensation. The government pleaded a number of affirmative defenses and subsequently filed a motion to dismiss the complaint. This motion is based on the assertion that the Corps’ dumping of spoilage on Martin’s property was legal because it acted on the authority of a properly recorded easement. Martin…

2Cases cited24 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  3. Montana v. United StatesSupreme Court of the United States · 1979
  4. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  5. Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983

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3Cited by25 opinions

  1. Tindle v. United StatesUnited States Court of Federal Claims · 2003
  2. Corbett v. Manorcare of America, Inc.Court of Appeals of Arizona · 2006
  3. Argent v. United StatesCourt of Appeals for the Federal Circuit · 1997
  4. Pacetti v. United StatesUnited States Court of Federal Claims · 2001
  5. Bailey v. United StatesUnited States Court of Federal Claims · 2002

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