Martin v. United States
United States Court of Federal Claims
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…
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